JUDGMENT Vishnu Pratap Singh Chauhan, J. - Heard on this first bail application under Section 439 of Cr.P.C. filed on behalf of the applicants- Gokul Gadari and Suresh Gadari. 2. The applicants are in jail since 25/06/2020 in connection with Crime No.99/2020 registered at Police Station Beohari, District Shahdol, for commission of offence punishable under Section 302 read with Section 34 of the IPC. 3. The case of the prosecution against the applicants, in short, is that, the deceased Ganesh Bais along with his son Ashish Bais went to the agricultural field for watering it, the applicants came on the spot and assaulted to Ganesh Bais by means of axe, due to which, Ganesh Bais died on the spot. They also threatened Ashish Bais. Ashish Bais went to the house and informed about the death of the deceased Ganesh to the family members, thereafter Kaushlendra Bais the elder brother of the deceased informed to the police and Merg No. 09/2020 was registered. During investigation, Ashish Bais stated that he has seen both the applicants while they assaulted Ganesh but he was threatened by the applicants and became very afraid therefore, he could not informed about the real truth of the incidence to the family members. 4. Learned counsel appeared for the applicants submits that when merg was registered Ashish Bais did not state anything against the applicants but later on being a child he was taught by the family members and on the basis of previous rivalry the family members of the deceased have falsely implicated the applicants, therefore, the applicants may be enlarged on bail. 5. Learned Panel Lawyer for the respondent/State opposes the application and submits that eye witness categorically stated the act of the applicant and during investigation some incriminating evidences have been seized at the instance of the applicants. A blood stained cloth and an axe have been seized from the possession of the applicants, therefore, there is prima facie a case is made out against the applicants and they may not be enlarged on bail. 6. Having heard learned counsel for both the parties and perused the evidence. No doubt, the child Ashish did not state anything to the family members immediately after the incidence but later on he stated that he saw the incidence while both the applicants assaulted on the deceased. 6. Having heard learned counsel for both the parties and perused the evidence. No doubt, the child Ashish did not state anything to the family members immediately after the incidence but later on he stated that he saw the incidence while both the applicants assaulted on the deceased. It also reflects from the case diary that blood stains and weapons were seized at the instance of the applicants, therefore, at this stage, this Court is not inclined to discuss the evidence on merits but as there is primafacie evidence available on record against the applicants for implicating them in this offecne, this Court is not inclined to enlarge the applicants on bail. 7. Consequently, this application for bail under Section 439 of the Code of Criminal Procedure filed on behalf of applicants Gokul Gadri and Suresh Gadri stands dismissed.