JUDGMENT

Vikas Bahl, J. (Oral). - This is the first petition under Section 439 of Cr.P.C. for grant of regular bail in FIR No.36 dated 20.01.2021, under Section 306 IPC, registered at Police Station Narnaund, District Hisar.

2. Learned counsel for the petitioner has submitted that the petitioner is a 73 year old person and has been falsely implicated in the present FIR on the basis of the statement of daughter-in-law of the deceased-Rajender, namely, Santosh, which has been made only in order to usurp the land of the petitioner. It is submitted that the said Rajender, father-in-law of the complainant, had died on 17.05.2017 and at that time no complaint was filed before any authority and no postmortem was also conducted on the said deceased. The present FIR has been registered on 20.01.2021 after a delay of 31/2 years. It is submitted that in fact the present petitioner as well as the deceased, who are brothers, have jointly filed a suit for partition in the year 2012 and another civil suit was even filed by the petitioner restraining the deceased from interfering in the peaceful possession of the petitioner and the same was decreed on 17.10.2013 and the appeal therefrom was also dis