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Judgment
15 paragraphs · 279 wordsRajeev Kumar Dubey, J
Heard with the aid of case diary.
This is the first application under Section 439 Cr.P.C for grant of bail. Applicant Shankar Pal was arrested on 6/9/2020 in connection with Crime
No.831/2020 registered at Police Station Piplani, Distt Bhopal (M.P.) for the offence punishable under Sections 323, 294, 506 and 302 of IPC.
As per prosecution story, on 27/8/2020 at 10.30 p.m. applicant assaulted his father deceased Mahadev Pal by kicks and fists due to which he
sustained head injury and died during treatment on 3/9/2020.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the offence. Even otherwise, only allegation
against the applicant is that he assaulted the deceased by kicks and fists. The alleged incident is said to have occurred on 27/8/2020 and deceased
discharged from the hospital on 2/9/2020, thereafter he died on 3/9/2020, so it can not be said that the deceased died due to injuries sustained by him in
the incident. The applicant is in custody since 6/9/2020. Charge sheet has been filed and the conclusion of trial will take time, hence prayed for release
of the applicant on bail.
On the other hand, learned counsel for the respondent/State opposed the prayer and submitted that in the postmortem report clearly mentioned that
deceased Mahadev died due to head injury and that injury was sustained by him in the said incident so, he should not be released on bail.
Looking to the facts and circumstances of the case and contention of learned counsel for the State, this Court is not inclined to grant bail to the
applicant. Hence, the bail application is rejected.