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Judgment
J. P. Gupta, J
This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed for grant of bail to the applicant who has been
arrested on 19/06/2020 in connection with Crime No.340/2020 for offences registered under Sections 302 of IPC, police station Rehli, District Sagar.
Allegation against the applicant/accused is that he committed murder of his elder brother.
Learned counsel for the applicant submitted that applicant is innocent and he is in custody since 19/06/2020. During the trial material witnesses have
been examined and they have not supported the prosecution story, therefore, the applicant is entitled to get benefit of bail.
Learned PL for the respondent/State has opposed the application and prayed for its rejection.
Having considered the contentions of learned counsel for the parties and on perusal of record, it appears that in this case about the incident the
applicant has also lodged an FIR which was registered as Crime No. 339/2020, in which he has admitted that he assaulted the deceased on account of
injury caused by him the deceased died.
Learned counsel for the applicant submitted that because the deceased assaulted the mother and also him, therefore in defence, the applicant
assaulted the deceased.
In view of this Court the defence is to be established by the applicant in the trial court. At this stage, looking to the aforesaid facts and circumstances
of the case, it can't be said there is no evidence against the applicant and at this stage no appreciation of evidence is desireable and looking to the
nature of the offence, the applicant is not entitled to get benefit of bail. Hence the application is rejected.
Certified copy as per rules.