DHONA @ DHYAN SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This is third application under section 439 of CrPC. Second bail application has been dismissed as not pressed with a liberty to file fresh application after examination of two witnesses Raisingh and Bhawarsingh (wrongly typed as Bhawar Singh), the correct name of the witness is Gamar Singh.

(2.) It is submitted by learned counsel for the applicant that Gamar Singh has been examined and Rai Singh is not turning up inspite of service of summons. It is further submitted that applicant is under custody since 31.12.2014. He further submits that Rai Singh is not an eye witness, but according to his statement under section 161 as well as 164 of the CrPC on the date when Mehar Singh was found in unconscious condition, family of the applicant and co -accused Jam Singh were absconding. Mehar Singh was found unconscious near the house of Dhina. On the basis of the aforesaid, he feels that applicant along with Jam Singh has committed murder of Mehar Singh. He prays that in view of the aforesaid statement and in light of the statement of other witnesses, applicant be released on bail.

(3.) The prayer is opposed by learned Government Advocate for the respondent/State.