(1.) This second application under Sec. 439 Cr.P.C. for grant of bail has been filed by the accused/applicant who has been arrested on 3/6/2022 in connection with Crime No.249/2022 registered at Police Station Koni, Bilaspur for the offence under Ss. 302 & 34 of the IPC.
(2.) As per the prosecution case, on 31/5/2022 in the night at about 12.00 some persons forcibly entered the house of deceased Narayan Kaushik and pulled him out from his house and took him to the field and assaulted him by using hands, fists and hammer and thereafter threw his body in the railway track. Thereafter, he was admitted in the CIMS hospital, Bilaspur however, during treatment he died. Based on the aforesaid incident the offence was registered.
(3.) Learned counsel for the applicant submits that the applicant is innocent and has been roped in a false case. He further submits that there are various discrepancies in the investigation. He further submits that material witnesses have been examined and they have not supported the case of the prosecution. He also submits that the applicant is languishing in jail 3/6/2022 and conclusion of the trial is likely to take some more time. Therefore, the applicant be released on bail.