Full Judgment
M.Cr.C.No.6862/2012 13/08/2012 Shri S.S.Tiwari, learned counsel for the applicant.
Shri A.K.Singh, learned G.A.for the respondent/State.
Heard finally.
This is the fiRs.bail application filed by applicant under Section 439 of the Cr.P.C for grant of bail.
The applicant has been arrested on 23/02/12 in connection with Crime No.39/2012 registered at P.S.Udaipura, District Raisen for the offence punishable under sections 294, 307 and 302/34 of IPC.
Learned counsel for the applicant submits that applicant has been falsely implicated in the case.
It is further submitted that a counter case is also registered against the complainant party alongwith the deceased Shiv Narayan as crime no.38/2012 under sections 451, 294, 323 and 506/34 of IPC.
It is submitted that during the incident applicant assaulted the deceased in his self defence.
Trial would take considerable time to dispose of finally therefore, he prays for bail to the applicant.
Learned counsel for the State opposes the application.
I have perused the case diary wherein it is specifically alleged that this applicant Nanhe assaulted the deceased Shiv @ Shiv Narayan by the back portion of an axe on his head.
It reveals from the postmortem report that applicant sustained the fracture on his head and he succumbed to the aforesaid injury.
In these circumstances, applicant is the main accused of the case therefore, I am not inclined to released him on bail.
Accordingly, this application filed u/s 439 of Cr.P.C.for grant of bail is hereby dismissed.
(G.S.SOLANKI) Judge navin