Pressing the instant third bail application, it is contended by learned Sr. Counsel that after rejection of second bail application there is substantial change in the circumstances. For highlighting material change in the circumstances, learned Sr. Counsel has placed heavy reliance on statements of PW2 Dr. Suresh Chandra Bhandari. It is argued by learned Sr. Counsel that despite conducting twin autopsy of deceased Ms. Urmila Kanwar, cause of death was not revealed is clearly apparent from the statements of PW2. While emphasizing some of the disclosures by witness PW2 about destruction of visceras after 90 days in the wake of its examination after inordinate delay and absence of any visible symptoms of poison on the dead body, learned Sr. Counsel submits that prosecution case is full of fissures. Learned Sr. Counsel further urged that a cumulative reading of statements of PW2 has put the entire prosecution case under serious clouds about Ms. Urmila Kanwar’s probable cause of death. Mr. Bora has also relied on testimony of PW3 Shivlal and PW4 Lal Singh, wherein both the witnesses have shown accidental injuries as probable cause of death. Learned Sr. Counsel would urge that so far during trial only 4-5 witnesses are examined out of 35 prosecution witnesses, therefore, early conclusion of trial is per se not possible. Learned Sr. Counsel, therefore, submits that considering prolonged custody of the petitioner for more than 1½ years coupled with material change in the circumstances, petitioner may be released on bail.
