(1.) This is first application under sec. 439 of CrPC for grant of bail on behalf of applicant who is in custody since 14/9/2021 in connection with Crime No.257/2021, registered at Police Station Tirla, District Dhar for the offence punishable under Ss. 294,323,506,34,302 of IPC.
(2.) As per prosecution case, the complainant lodged a report alleging that on 12/9/2021 that in the night there were few people loitering around the Hanuman Temple. Thereafter, the Pujari of the temple started inquiring from them, on which they started abusing him dealt him blows by means of stick and bricks on his head and caused injury on his wrist by stick. Thereafter, he was taken to hospital where he succumbed to injuries. Accordingly case has been registered against the applicant.
(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He has been implicated on the basis of one Rahul Bhagwat who identified him, but in the examination before the trial Court he turned hostile and has not supported the case of the prosecution. There is no legal evidence against the applicant to implicate him in the aforesaid crime. The applicant is in custody since 14/9/2021 and the conclusion of trial will take sufficient time. On the aforesaid grounds, prayer is made to release the applicant on bail.