BALVEER PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) Learned counsel for the parties are heard on first bail application filed under Section 439 of the Cr.P.C. before this Court on behalf of applicant in relation to Crime No. 243/2019 registered at Police Station Karera, District Shivpuri in reference to offences punishable under Section 452, 294, 323, 324, 506, 34, 307 of IPC.

(2.) It is the submission of counsel for the applicant that false case has been registered against him. The only allegation against the applicant is of wielding iron rod blow over chest of victim; whereas, no contusion or injury dangerous to life has been referred by the doctor in respect of injury sustained by victim over chest. After two months, to aggravate the implication, offence under Section 307 of IPC has been inserted. Applicant is aged 70 years and in twilight zone of his life. Counsel for the applicant referred decision of Apex Court in the matter of Anil Ari v. State of West Bengal, (2009) 11 SCC 363. Applicant undertakes not to be a source of embarrassment or harassment to the complainant party in any manner and would regularly appear before the trial Court. He further undertakes to perform community service.

(3.) Learned counsel for the State opposes the application and prayed for its rejection.