(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure seeking regular bail. The petitioner is the sole accused in Crime No. 2824/2019 of Pala Police Station for having committed offences punishable under Sec. 302 of the IPC.
(2.) The gist of the prosecution case is that, on 30/9/2022, the deceased (native of Orissa) went to the house of the accused (native of West Bengal). The deceased had carried a bottle of Jawan Rum with him, and after consuming alcohol at the house of the accused, the deceased quarrelled with the accused and manhandled the accused with an iron rod, and in retaliation, the accused hit the deceased with a hammer on his head at about 3 A.M. on 1/10/2022. The deceased, while undergoing treatment, succumbed to death on 2/10/2022. Hence, the accused is alleged to have committed the offences mentioned above.
(3.) The learned counsel appearing for the petitioner would submit that the petitioner is totally innocent and falsely implicated with ulterior motives. At any rate, he points out that the petitioner has been in custody since 2/10/2022, and the continued custody of the petitioner is unnecessary.