JUDGMENT

Satyendra Kumar Singh, J. - This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant, as he has been arrested in connection with Crime No.899/2021, registered at Police Station Kishanganj, Dr.ambedkar Nagar, District Indore (M.P.) for commission of offence punishable under Section(s) 304 of IPC.

Prosecution story, in brief, is that on 10.12.2021 a quarrel took place between the applicant and his brother Pooran. It is alleged against the applicant that he in a drunken state drove his vehicle truck bearing registration No.GJ-06-aV-6315 negligently, due to which deceased came under left frontal tyre and died.

Learned counsel for the applicant submits that at the time of incident his brother deceased Pooran was in a drunken state and was coming alongwith deadly weapon Tommy to assault the applicant and applicant in his right to private defence tried to move from the spot with the truck, during which deceased came under his left frontal tyre. applicant did not commit any act intentionally. He was not aware about the fact that his brother was near his truck. He is in custody since 22.12.2021. Trial will take time for its conclusion. Hence, pray