BHUMANI BAI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second repeat bail application on behalf of the applicant under Section 439 of Cr.P.C. Her earlier bail application was dismissed as withdrawn vide order dated 20.01.2016.

(2.) The applicant is in custody since 21.06.2015 in connection with Crime No.85/2015 registered at Police Station Garhi Malehara, District Chhatarpur (M.P.) for the offence punishable under Section 302/34 of IPC and Section 25/27 of Arms Act.

(3.) It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that co -accused Tara Patel has been enlarged on bail by this Court vide order dated 20.01.2016 in M.Cr.C.No.19625/2015 and the case of the present applicant is similar to that of released co -accused person. It is further submitted that examined prosecution witness Durga Prasad (PW/1), father of deceased Pratap and relative Bali Patel (PW/2) did not state any fact against the applicant. Learned counsel also pointed out admissions made by Durga Prasad (PW/1) during his cross - examination in paras 3 & 4. It is also pointed out that the applicant has been falsely implicated in the case on the basis of her own memo. The conclusion of trial would take considerable time. On the aforesaid grounds, it is prayed that the applicant be released on bail. Learned Panel Lawyer for the State as well as learned counsel appearing for the objector vehemently opposed the above mentioned submissions on the ground that there is no change of circumstance after withdrawal of first bail application. It is also pointed out that as per the statement of Shyamabai (PW/3) mother of deceased Pratap, the applicant is not entitled to be released on bail. It is also submitted that at this juncture, there is no need to scrutinize the statements of examined prosecution witnesses, as required during judgment.