1 M.Cr.C. No. 6829/11 14/10/2011 Shri Vivek Singh, learned Counsel for the applicant. Shri R.S. Parmar, learned Counsel for the respondent State. By this application filed under Section 439 of the Cr.P.C. the applicant Pappu has moved the application for grant of bail being implicated in Crime No.191/11 registered by police station Narsinghgarh, Distt. Rajgarh (Biaora) for offence under Section 302/34 of the IPC. Counsel for the applicant has vehemently urged the fact that the applicant has been falsely implicated in the matter. Counsel stated that although this is second bail application, the case was based purely on circumstantial evidence and there is no evidence on record to implicate the present applicant. Moreover Counsel stated that initial letter of the police department by the doctor indicated that the deceased Bhupendra had died due to falling in the well as reported by Kesharsingh. The statements of Kesharsingh has been recorded after a period of 7 days and the entire prosecution case is concocted. Counsel prayed for grant of bail since the applicant has been arrested on 1.6.2011. Counsel for the respondent State, on the other hand, has opposed the submission of the Counsel for the applicant and 2 has stated that the applicant was fully implicated in the matter. He stated that the applicant was the brother-in-law of deceased Bhupendra, whereas Kesharsingh was the real brother of the deceased Bhupendra before whom the oral dying declaration has been made by Bhupendra clearly naming Pappu who had assaulted him and in these circumstances Counsel prayed that the applicant does not deserve any sympathy. Counsel prayed for dismissal of the application. On considering the above submissions, the impugned order and material available in the case diary and looking to the nature of allegations I find that the application is devoid of merit and is, therefore, dismissed as such. C. c. as per rules. (Mrs. S.R. Waghmare) Judge soumya