KAILASH BARMAN Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard. This is first application filed under Section 439 of the Cr.P.C. for grant of bail in connection with Crime No. 282/2015 registered at Police Station Slimnabad District Katni for the offences punishable under Sections 302/201 of the IPC. Another co -accused Kamal Kumar has been granted bail vide order dated 03.05.2016 on the ground that the witnesses of prosecution did not support the case and they have turned hostile. This Court perused the statement of the prosecution witnesses and passed a detailed following order in the case co -accused Kamal Kumar:

(2.) After perusal of the statement of Mango Bai and other witnesses recorded under Section 161 of Cr.P.C. In my opinion applicant is not entitled to be enlarged on bail at this stage. Application is dismissed.â It is submitted by the counsel that the statement of Mango Bai and other witnesses have been recorded before the Court and she turned hostile. Photocopies of the statements of Pramod Kumar who lodged the report, Mango Bai, Purshottam and Leela Bai have been filed along with the application. P.W. -1 Pramod Kumar deposed that he had lodged the FIR because he had seen the dead body of the deceased. However, he turned hostile in regard to seizure. Another witness Mango Bai has deposed that she has no knowledge about the incidence. She has also been declared hostile. Purshottam has also been declared hostile he denied that any seizure was made before him. Similarly Leela Bai has also been declared hostile. Looking to the aforesaid facts of the case and the changed circumstances, application is allowed. Learned Govt. Advocate for the State opposes the application and submits that the applicant is not entitled to be released on bail. It is directed that on furnishing personal bond of Rs.50,000/ - (Rs. Fifty thousand) by the applicant along with one solvent surety in the like amount to the satisfaction of the trial Court, the applicant Kamal Kumar be released on regular bail.

(3.) The applicant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under: