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Judgment
8 paragraphs · 260 wordsNandita Dubey, J
This is the first bail application filed by the applicant under Section 439 of the Cr.P.C.for grant of bail.
The applicant is under arrest since 07.01.2021 in connection with Crime No. 1/2021 registered at P.S.-Patan, District-Jabalpur for the offence punishable under Sections 294,323,324 and 506/34 of IPC.
As per the prosecution case, an altercation ensued between the present applicant and the deceased on account of the partition of the property as the applicant was alleging that the property has not been divided properly. It is alleged that due to the assault by the present applicant and his son, the deceased received grievous injuries on the back side of the head and died after four days of the incident while in hospital.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The deceased has died after four days of the incident and there was no connection of his death with the incident. Lastly, it is submitted that applicant is in custody since 07.01.2021 and the trial would take considerable time to conclude, therefore, applicant may be released on bail.
Learned Panel Lawyer appearing for the State has vehemently opposed the bail application. It is submitted that as per the report deceased died due to consequential infection and other complications on account of the head injury received by him in the incident.
Considering the aforesaid, I do not find present to be a fit case to grant bail to the present applicant. The application is dismissed.
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