SURESH UDAINIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) HEARD .

(2.) THIS is second application under Section 439 of Cr.P.C. The applicant has been arrested in Crime No. 12/2013 registered at Police Station, Indergarh, District Datia, for the offence punishable under Section 302 of IPC and Sections 25/27 of the Arms Act. The first application (M.Cr.C. No. 4901/2013) has been dismissed as withdrawn vide order dated 30.4.14.

(3.) LEARNED counsel for the applicant submits that applicant has not committed any offence. He has falsely been implicated in the case. No offence is made out against the applicant. The statement of complainant Chandraprakash has been recorded during trial. The applicant is in custody since 10.2.13. It is further submitted that wife of the applicant has died earlier. The applicant in the family has only one minor son aged 13 years and his mother aged 90 years who is blind. It is further submitted that his son is suffering from jaundice and he has been referred to Kamla Raja Hospital, Gwalior. There is no one in the family to look after him. Hence, prayed for bail.