(1.) The applicant has filed this application under Section 439 of the Cr. P.C. for grant of regular bail, as he is in custody in connection with Crime No. 62/2013 (ST No. 65/2013 pending in the Court of Sessions Judge, Korba), registered at Police Station Kartala, Distt. Korba, for the offence punishable under Section 302 of the IPC. I have heard learned counsel for the parties and perused the case diary.
(2.) Learned counsel for the applicant submits that this is the first bail application filed on behalf of the applicant for grant of regular bail. No other application of this nature is pending before this Court or before the Court below. The application is duly supported by the affidavit of Chatur Singh, son of the applicant. Learned counsel further submits that the applicant has not committed any offence; he has been falsely implicated in the crime in question and he is in custody since 3-5-2013. Even as per case of the prosecution, on account of quarrel, the applicant assaulted his daughter-in-law by battleaxe over leg and she died after 24 days of incident.
(3.) On the other hand, learned State counsel opposes the application and submits that the applicant has committed aforesaid offence and the prosecution has collected sufficient material against the applicant.