BALVEER Vs. STATE OF M P

JUDGEMENT

(1.) THIS is first bail application under Section 439 of Cr.P.C. by the applicant seeking bail in Crime No. 222/2014 registered at Police Station Malanpur, Distt. Bhind for the offences punishable under Sections 147, 148, 149, 323, 294, 307 and 302 of IPC.

(2.) SHRI Pradeep Katare, learned counsel for the applicant, submits that applicant is in custody since 11.01.2015. The incident took place on 09.11.2014. A cross case was registered against the other side with whom alleged quarrel had taken place. It is contended that the story of the prosecution is without any basis. As per prosecution story, the allegation against the applicant is that he assaulted only Prem Singh. No grievous injury was found on the body of Prem Singh. As per the said story, Satendra and Pan Singh assaulted the deceased Suresh Kumar. Only one grievous injury was found on the body of the deceased. The applicant is falsely implicated. He drew attention on the FIR lodged in the cross case to bolster his submission. In support of submission, he relied on (Bhanwar Lal Vs. State of M.P.,1998 2 MPWN 191), (Bashishth Singh and Anr. Vs. State of Bihar, 2004 SCC(Cri) 1127), (Suresh Vs. State of M.P.,2005 2 MPWN 114), (Chen Singh Vs. Union of India, 2011 1 MPWN 29) and (Siddharam Satlingappa Mhetre Vs. State of Maharashtra and Ors, 2011 1 SCC 694).

(3.) PER Contra, Shri Praveen Newaskar and Shri Rajeev Sharma, learned counsel for the other side opposed the bail application. It is contended that the applicant was part of the assembly which assaulted certain persons including deceased. If applicant is enlarged on bail, he may influence the witnesses and possibility of repetition of same incident cannot be ruled out because, admittedly, both the parties who entered into the quarrel are residing nearby.