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Judgment
17 paragraphs · 288 wordsB. K. Shrivastava, J
Heard on application filed on 18.2.2020 under section 439 of CrPC on behalf of applicant Ravi Yadav, who is confined in custody since 6.3.2018 in
connection with Crime No.119/2018, registered at Police Station Nowgaon, District Chhatarpur, under sections 147, 148 and 302/149 of IPC.
It appears from the record that this is the third application on behalf of the applicant. Previously on 2 occasions, the applications have been dismissed
on merits.
It is submitted by the counsel for applicant that by order dated 12.4.2019, the application of applicant was dismissed. At that time the statement of
Kriparam was incomplete. At present, the statement of Kriparam Yadav has been completed during the period of 24.11.2018 to 6.7.2019. Statement
of Mulayam Singh during the period of 3.9.2019 to 8.11.2019 and statement of Ramratan during the period of 13.12.2019 to 6.1.2020 have also been
completed.
Counsel also draws attention towards Paras 16 to 19 and 22 of Kriparam and Paras 12 and 19 of Mulayam. He also submitted that no any allegations
against the present applicant have been made in the statement of Ramratan.
On the other side, the counsel for State and counsel for objector both opposed the application. It is submitted by them that previously the matter has
been considered on its merits. Therefore, no ground is made out to grant bail to the applicant.
It is true that three witnesses have been examined before the trial court.
The detailed statements have been recorded by the trial court. At the time of are available against the present applicant in the aforesaid three
statements. Previously the matter was considered on merits. Therefore, no any subsequent change is found in the circumstances.
Hence, the application is dismissed.
