BALU @ IRSAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This is first bail application under Section 439 of Cr.P.C.,1973. The offences under Section 147 of IPC and Section 2 of the Prevention of Insults to National Honour Act, 1971, are registered against the applicants vide Crime No.17/2015 by Police Station Madhoganj, Gwalior, district Gwalior. Learned senior counsel submits that the applicants are falsely implicated in the allegations. It is submitted that as per the prosecution story, no offence is made out and, therefore, the entire story of prosecution is like house of cards. By taking this Court to certain provisions of Prevention of Insults to National Honour Act, 1971, it is contended that the alleged offence is trivial and bailable in nature and, therefore, court below is not justified in not enlarging the applicant on bail.

(2.) Learned Public Prosecutor opposed the prayer. He submits that investigation is in progress and at this stage this application be not entertained. By taking this Court to the nature of allegations, it is contended that on 4.1.2015 the national flag was used as a banner by the accused. Near "Ashok Chakra", a slogan and image of sword is mentioned. In the national flag, the accused wrote the words "<SLINK_NO>1</SLINK_NO>". In this view of the matter, it is submitted that the applicant's prayer be rejected. I have heard learned counsel for the parties and perused the case diary.

(3.) As per prosecution story, the applicant has acted in contravention of Act of 1971. The investigation is in full swing. In the peculiar facts and circumstances of this case, at this stage, in my view, it will not be proper to enlarge the applicant on bail. Applicant is at liberty to file fresh application after investigation is over. Resultantly, bail application is rejected. <SLINK_POINT>1</SLINK_POINT><JUDIMG>1240149-1</JUDIMG>