ASHOK Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 8/5/2022 for the offences punishable under Ss. 294(b), 323 and 302 of IPC, in Crime No.97 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 7/5/2022, the petitioner had entered into a wordy quarrel with the husband of the defacto complainant. Pursuant to that, there was a physical fight and during the fight, the petitioner was brutally attacked the defacto complainant's husband with hands and fisted on his chest, due to which, he died. Hence, the complaint.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that even taking into consideration the allegations as against the petitioner, the petitioner is stated to have attacked the husband of the defacto complainant with hands, there was no intention to commit murder and it can only be a case of culpable homicide not amounting to murder. He would further submit that the petitioner is in custody from 8/5/2022 and the investigation has been completed and the final report has also been filed before the concerned committal Court and it has not been taken on file so far. Therefore, he prays for grant of bail to the petitioner.