(1.) THIS order governs the disposal of bail application filed under Section 439 of cr. P. C. by Mr. Manoj Avasthi Advocate on behalf of the applicant Mahadeva pertaining to F. I. R. No. 261/2009 of Police Station Kotwali, District dholpur in the offences under Sections 147, 149 and 307 of IPC.
(2.) HEARD the learned counsel for the petitioner as also the learned Public Prosecutor appearing for the State and perused the relevant material available on record.
(3.) LEARNED counsel for the petitioner has canvassed that the allegations levelled against the petitioner are omnibus. He is not alleged to have armed with fire arm nor any fire arm has been recovered from his possession or at his instance. Both the parties have lodged FIR against each other with regard to this incident. The petitioner is an old man of 70 years of age. He has been falsely implicated, as such, he may be granted indulgence of bail.