Page no. 1 M.Cr.C. no. 8086/2011 04/11/2011 Shri Manoj Saxena, Advocate for the applicant. Shri R. S. Parmar, P.L. for the respondent – State. Arguments on the first bail application under section 439 of Cr.P.C of the applicant Lalu heard. The applicant is involved in Crime no. 242/2011 of Police Station- Petlawad, District- Jhabua registered under section 302 of the IPC. According to the prosecution story, on 14/08/2011 at about 7 pm, deceased Nanuram stole one hen of the applicant Lalu and was going to cook it, at that time, applicant Lalu came and said why he had killed his hen without his permission and thereafter, he threw the deceased 15 - 16 times on earth and also assaulted by kicks and fists. due which he sustained injury in the left eye and the mouth. He also sustained internal injuries on the chest and ribs. Complainant Mansingh said to the accused to leave his father, but the applicant did not release him. The applicant also opposed to lodge report against him and said that he would get him treated, but in the night at 3 am, Nanuram exprired. Hence on report, the above offence was registered and the applicant has been arrested. It has been argued by the applicant's counsel that he has been falsely implicated in this case. As per postmortem report no definite opinion could be given about the cause of death of the deceased and in medical examination, ribs and other parts of his body were not found to be injured. Only contusion was found on the left eye and no other external injury Page no. 2 was found. Assault by the applicant was not responsible for the death of the deceased. Trial will take time. Hence, he should be released on bail. The respondent has opposed the bail application. Considering the circumstances and after perusal of the case diary, this bail application is allowed and it is ordered that the applicant be released on bail subject to his furnishing a personal bond of Rs.25,000/- alongwith one surety in the like amount to the satisfaction of the concerned Trial Court for his appearance before the said Court on all dates as may be fixed in this behalf. C c as per rules ( I. S. Shrivastava, J. ) amol