UDAY KUMAR JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD both the counsel.

(2.) THIS petition under Section 439 Cr.P.C. has been filed by applicant -Uday Kumar Jain for grant of bail. He is one of the accused in Crime No. 38 of 2002 registered in Police Station : Khamtarai, for the offences punishable under Sections 147, 148, 149 and 302 of I.P.C.

(3.) IT is submitted that Harikesh, one of the accused in Crime No. 38/2002 has been released on bail by this Court in M.Cr.C.No. 45/2003 by its order dated 24.01.2003, which is not disputed by the learned counsel for the State. It is submitted that complainant Mahesh, eye witnesses and the seizure witnesses have turned hostile, which is also not disputed by the learned counsel for the State.