1 Miscellaneous Criminal Case No.8222/2011 9.12.2011 Shri S.R. Saraf, Advocate for the applicant. Shri Amit Singh Sisodiya, Panel Lawyer for the NA/State. Arguments heard. Case diary perused. This is 3rd application for grant of bail by applicant Prashant S/o Ramesh Sharma, who is in custody since 15.5.2010 in connection with Crime No.222/2010 registered at Police Station Aerodrome, Indore for an offence punishable under Sections 302, 365, 364, 342/34, 176 & 201 of IPC. The first application was dismissed on merit vide order dated 16.9.2010. Thereafter, the second application was filed, in which parity was claimed by the applicant with co-accused Amar Bahadur. The said application was also dismissed on merit vide order dated 17.3.2011 passed in M.Cr.C. No. 1238/2011. with liberty to repeat the same after recording the statements of Ashish and other prosecution witnesses. This third application has been filed after recording the statements of all the prosecution witnesses except the statement of the Investigating Officer. It is submitted that as many as statements of 15 witnesses have been recorded before the trial Court, but they have not made any allegation against the present applicant nor they have stated the at the time of alleged offence the applicant was driving the car. Statements of Devendra Thakur (PW1), Rohit Agarwal (PW2), Brahmacharya Narmada Shankar (PW3), Smt Chandrakanta Soni (PW4), Ashwin Kherde (PW5), Jitendra Bhaosar (PW6), Tarun Bhuskade (PW7), Sunil Raghuvanshi (PW8), Rajkumar Sharma (PW9), Sonu (PW10), Anita (PW11), Amarsingh Rajput (PW12), Ajay Chauhan (PW13), Deepak Soni (PW14) & Mitaish Soni (PW15) were recorded before the trial Court. 2 Considering the nature of allegation made against the present applicant and looking to the fact that none of the witnesses in their Court statements have made any allegation against the present applicant, except the fact that Ravi Kumar Sharma (PW9) registered owner of Car No. MP-09/8806 in his statement has deposed that on 5.5.2010 the applicant came to the house and took his vehicle for some personal work, prayer is made to release the applicant on bail. On the other hand, learned Panel Lawyer opposed the prayer for bail and submitted that earlier applications have been rejected on merits vide orders dated 16.9.2010 and 17.3.2011 and there is no change in circumstances after rejection of the 2nd bail application except that statements of the prosecution witnesses have been recorded and they have not made any allegation against the present applicant. Taking into consideration the totality of the facts & circumstances of the case and the fact that none of the prosecution witnesses in their statement have made any allegation against the applicant and number of prosecution witnesses have turned hostile, without expressing any opinion on the merits of the case the application is allowed and it is directed that the applicant be released on bail subject to his furnishing a personal bond in the sum of Rs.30,000/- (rupees thirty thousand) with one solvent surety in the like amount to the satisfaction of the concerned JMFC/CJM for his appearance before him or trial Court as the case may be on all dates of hearing fixed by the Court concerned in this behalf during trial. Certified copy as per rules. (P.K. Jaiswal, J.) rcs*