JUDGMENT 1.Present repeat petition of bail is directed after 27/11/2013 when it was dismissed as withdrawn on new ground of delay in trial. 2. According to prosecution on 19/06/2013 petitioner and 6 other accused persons assaulted Jitendra @ Gabbar, who died as a result of multiple injuries and due to head injury. 3. Learned counsel for petitioner submits that all other accused persons already released on bail. Petitioner was assigned with axe, whereas, head injury was found to be lacerated wound. 4. In response, learned counsel for State submits that name of petitioner appeared in FIR as the main accused and it is a matter of appreciation whether from axe fatal injury would have been caused or not. 5. In response, learned counsel for petitioner submits that medical evidence did not support aforesaid version. 6. Considering aforesaid, it does not appears to be a fit case for grant of bail because fatal injury caused by axe or not cannot be appreciated at this stage by this Court today, it is a matter of trial. In view of fact that petitioner is the main accused and only person is in custody, no case of release of petitioner is made out. Accordingly, this petition is also dismissed.