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Judgment
9 paragraphs · 151 wordsPrashant Kumar Mishra, J
This is the second bail application preferred by the applicant under Section 439 of CrPC for grant of bail, as he is arrested in connection with Crime
No.265/2017, registered at Police Station Mahasamund, District Mahasamund, for the offence punishable under Section 302 of IPC.
The first bail application was dismissed on 29.11.2017 in MCRC No.6477/2017 by a detailed order reserving liberty to move again after examination
of witnesses Ashalata, Vijaya Das and Padma Das. These witnesses have been examined before the trial Court, however, the dying declaration of the
deceased recorded on 05.02.2015 is yet to test the scrutiny of the trial Court during deposition of the persons to record the dying declaration.
Moreover, there are criminal antecedents of the applicant as reported by the concerned SHO, therefore, I am not inclined to release the applicant on
bail.
Accordingly, the bail application is dismissed.