ORDER 1. Heard. Perused the case diary. 2. This is first application for his anticipatory bail under section 438 of CrPC by the applicant. 3. Crime No. 63/2005 has been registered against the present applicant at Police Station Dabra, District Gwalior for committing offence under sections 147, 148,341,307,302/149 and 397 of IPC. 4. As per the first information report, on the day of occurrence the deceased Bablu alias Jaswant Dubey alongwith his cousin brothers Udayveer (complainant) and Dharmveer was going to his agricultural farm in a Jeep. When they reached in front of the house of the present applicant, it is alleged that Baktaver Singh, Palvinder Talanga, Narendra Singh, Sukhdev Singh, Vinder Singh, Harish, Gurulal, Jitendra and co-accused Lalla Gadariya and Bhura and Mewa Gadariya armed with sword, FARSI, BAKA attacked and assaulted the deceased, who sustained several injuries and later on succumbed to his injuries. The report of the incident has been lodged by the cousin brother of the deceased Udayveer. During investigation, the matter was transferred for further investigation to CID and it is alleged that after investigation, it was found that it was the present applicant, who alongwith Lalla, Bhura and Mewa caused the death of the deceased by inflicting injuries by sword, FARSI and BAKA and other persons who were named in the first information report were not assailants. Therefore, the challan has been filed against the applicant and three others co-accused. 5. The contention of learned counsel for the applicant is that the first information report has been lodged by the cousin brother of the deceased, who has not named the present applicant as assailant in his report and also in his statement recorded under section 161 of CrPC by the police. It is further submitted that the other eye witness Dharmveer, who is also cousin brother of the deceased and Banti alias Paras and Mahesh alias Titu have also not disclosed the presence of the applicant on the spot and have not stated anything against the applicant. It is submitted that when some of the persons named in the first information report as assailants moved for CID investigation, then the name of the present applicant has been included after more than one month of the incident. It is submitted that since incident is alleged to have occurred in front of the house of the present applicant, therefore, his name has been falsely implicated lateron. It is submitted that since incident is alleged to have occurred in front of the house of the present applicant, therefore, his name has been falsely implicated lateron. From the case diary, it is clear that there are two sets of evidence. Initially the statement of the complainant and four other witnesses were recorded but they did not disclose anything against the present applicant whereas in the CID investigation the name of the present applicant has been include, by the witnesses. It is argued that the complainant and Dharmveer are the cousin brothers of the deceased and the first information report was lodge promptly and in which the name of the present applicant does not find place and, therefore, statements of these witnesses should be relied upon. The applicant is stated to be an old man of 65 years of age. Other co-accused have already been arrested. 6. Considering the above facts and circumstances of the case, but without expressing any opinion on the merits of the case, applicant, is directed to appear/surrender before the trial Court within two weeks and in the event of his surrender, he be released on bail on his furnishing personal bond in the sum of Rs. 50,000/- (Rupees fifty thousands only) with one solvent surety in the like amount to the satisfaction of the trial Court. 7. Application stands disposed of as indicated above.