DAMO @ DAMODAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard.

(2.) This is first bail application under Section 439 of CrPC by applicant - accused Damo @ Damodar S/o. Premnarayan Sharma. He has been arrested and is in custody since 22/02/2016 in connection with Crime No.83/2015 registered at Police Station Rithora & AJAK, Morena for the offences punishable under Sections 302/149, 307, 147, 148 of IPC, Section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 25/27 of Arms Act.

(3.) Investigation is complete and challan has been filed. Counsel for the applicant contends that in the course of trial, all the three eye -witness, namely, PW -1 Asharam, PW -2 Rajesh and PW -3 Gayaram have turned hostile. In cross -examination, paragraph 6 it is specifically stated that the applicant did not fire any gunshot in contrast to the allegation made in the FIR by the complainant PW -1 Asharam as such no case is made out against the applicant under Section 302 of IPC and prayed for grant of bail. Per contra, learned Public Prosecutor supports the order passed by the trial Court and submits that looking to the gravity and seriousness of offence, the applicant is not entitled for grant of bail. Admittedly, complainant PW -1 Asharam is brother of the deceased Bharat and prosecution witness, has turned hostile and has denied any gunshot injury fired by applicant causing death of the deceased Bharat while the other two eye -witnesses, namely, Rajesh (PW2) and Gayaram (PW3) have also turned hostile and denied the involvement of the applicant to have fired any gunshot at the deceased.