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Judgment
Heard.
This is the Second Bail Application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has
been arrested on 22.08.2020 in connection with Crime No.206/2018 registered at Police Station City Kotwali, District Bilaspur (CG) for the offence
punishable under Sections 451, 294, 506, 302, 34 of Indian Penal Code & Sections 4 & 5 of Tohni Pratarna Act.
The First Bail Application bearing MCRC No.7934 of 2020 was dismissed on 10.12.2020.
As per the prosecution case on 5/05/2018 the applicant along with other co-accused entered into the house of the deceased Shatrughan Tiwari and
assaulted him by hand and fist at about 12.40 in the night which was reported and the injured was treated in different hospital and was operated for
head injury and eventually succumbed to the injury.
Learned counsel for the applicant submits that the deceased was said to be assaulted at 12 O'Clock in the mid night, however, in the CIMS medical
college time has been shifted to 12 AM in the morning. He would further submit that the medical report also shows that he was in the intoxication of
cannabis and the discharge was made at the behest of the family members of the deceased, therefore, the applicant cannot be held liable for the
offence punishable under Section 302 IPC and he may be released on bail.
Per contra, learned State counsel opposes the prayer for grant of bail and would submit that the earlier bail application was rejected on 10.12.2020
and there is no change of circumstances and by the time the charge-sheet was also filed.
Considering the fact that the earlier bail application was rejected on merits, I do not find any change of circumstances to reconsider this repeat bail
application and release the applicant on bail.
Accordingly, the bail application is dismissed.