4 ) Per contra, learned State Counsel, opposing the bail application of the applicant, submits that it has come in the statements of the family members of the deceased, namely, Lakshmi Bai Sarathi, Pooja Sarathi, Narendra Sarathi, Anjali Sarathi and Salik Ram Sarathi, that on 26.08.2023, at around 9:00 p.m., the present applicant, Deepak Bairagi, and Rohit Yadav, after consuming alcohol, came near the house. Rohit Yadav started making noise, to which the deceased objected, upon which Deepak Bairagi became agitated and strangulated and assaulted the deceased with his hands and fists on his chest and stomach. Due to the assault, the deceased suffered grievous injuries and was taken to the hospital, where he died during the course of treatment. He further submits that an oral dying declaration was made by the deceased in the presence of one Basant Kumar, who has not yet been examined. He also submits that the wife of the deceased, namely, Lakshmi Bai Sarathi, who is a star witness, has not yet been examined. Further, looking to the nature of the offence, the applicant may not be released on bail.
