rejected as per order dated 18.04.2018, mainly relying on the dying declaration of the deceased Raj Kumar Nayak before his wife Mali Nayak and liberty was granted to the petitioner to renew his prayer for bail after examination of Mali Nayak before the learned trial Court. Learned counsel further submitted that Mali Nayak has already been examined in the trial Court as P.W.4 and she stated about dying declaration made by her husband that the petitioner Suresh Buda and his three brothers, namely, Lalit Buda, Sule Buda and Mitra Buda assaulted him. It is further submitted by the learned counsel for the petitioner that the F.I.R. was lodged by Mali Nayak and in the F.I.R., she has stated about the dying declaration of her husband that the petitioner Suresh Buda and others assaulted her husband. In the statement recorded under section 161 of Cr.P.C., she stated that only the petitioner Suresh Buda assaulted her husband as per the dying declaration. It is further submitted that the statements of the informant relating to the number of participants in the assault of the deceased are prevaricating and therefore, in view of the materials available on record, the bail application of the petitioner may be favourably reconsidered.
