Learned counsel for the applicant has submitted that after rejection of first bail application of the applicant, the statements of P.W. 1 and P.W.2 who are witnesses of fact has been recorded and on perusal of statement of P.W.1, it is evident that he is not an eye witness of the incident and only on the basis of hearsay has lodged F.I.R. Thereafter the statement of P.W.3 who is an injured witness has been recorded, however, she in her statement recorded during course of trial has not supported the prosecution story at all and has been declared hostile. She in her statement has categorically stated that on the date and time of incident she had gone to attend the call of nature and two unknown persons came from her back and made her sniff some intoxicating substance, consequent to which she became unconscious. On regaining consciousness, she found injuries on her neck. She has categorically denied to be an eye witness of the present incident. On her attention being drawn to her statement shown to be recorded under section 161 Cr.P.C. she has categorically denied to have given any such statement to the police. On her attention being drawn to her statement shown to be recorded under section 164 Cr.P.C. she has stated that she had given such statement at the behest of the police. The applicant is in jail since 12.7.2019 and under the changed circumstances where the star witness Nisha has also not supported the prosecution story during course of trial, prima facie a case for bail is made out.
