MADHAYAN Vs. STATE

JUDGEMENT

(1.) The petitioners, who were arrested and remanded to judicial custody on 13/12/2022 for the alleged offence under Ss. 302 of I.P.C. in Crime No.249 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the defacto complainant is the wife of deceased person and the marriage between them was solemnised 32 years ago and out of wedlock, they had two sons. Since the deceased addicted and tend to some bad habits, she is residing in her parental home and her sons are residing at their matrimonial home. While being so, on 12/12/2022 at about 12.00 p.m. she was informed that her husband found dead near their cowshed and she went there and found the deceased body of her husband disfigured and cut injuries in his head. Accordingly, she lodged the complaint.

(3.) The learned counsel for the petitioners submitted that there is no specific overtact attributed against the petitioners and they are innocent persons and they have not at all committed any offence as alleged by the respondent police. He would submit that they are the sole bread winner of their family. He would submit that they are nothing to do with the instant case and they will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioners have been suffering incarceration for more than 61 days from 16/12/2022. Hence, he prayed to grant bail to the petitioners.