PANKAJ Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is 3rd bail application under Section 439 of Cr.P.C. before High Court in connection with Crime No.245/2017 under Sections 395 , 396 , and 450 of IPC and Sections 25 and 27 of the Arms Act registered at Police Station--Pipliyamandi, District--Mandsaur. First two applications for the petitioner have been dismissed as withdrawn vide order dated 20.04.2018 and 10.08.2018.

(2.) The prosecution case in brief is that on 01.07.2017, the complainant Ajay Mali alongwith Anil and Lokesh went to load cash in the ATM situated at Pipliyamandi by Maruti Van. When he was inside the ATM and was loading cash, six youths came there by two bikes. They fired a gun shot on the guard Sanjay who fell down, thereafter, they forcibly entered in the ATM, tried to snatch the cash from the complainant, but could not succeed and manage to escape from the spot. The complainant Ajay could identify the miscreants stating that one scoundrel was having ear ring and also french cut beard and they called one of them with the name of Mahesh. The police registered the case and investigated.

(3.) This time, the petitioner has approached this Court after statement of witnesses namely Lokesh Bhatt, Anil Rathore, Vijendra, Deepak, Ajay, Puskar, Dwarka and Gopal. They all have turned hostile and have not supported the case of the prosecution. Other eye-witnesses Gowardhan and Dharmendra have been given up by the learned public prosecutor, who has conducted the trial.