( 1 ) LEAVE granted.

( 2 ) RESPONDENT No. 3 is an accused under Section 302/120b, IPC. His bail application was rejected by the trial Court. The same was confirmed by the High Court. Criminal Appeal No. 1630/2005 filed by him was also rejected by this Court by an order dated 5-12-2005.

( 3 ) IT appears that his subsequent application for bail filed before the trial Court was also unsuccessful. Aggrived thereby, he filed Misc. Criminal Case No. 850/ 2006 before the Hon'ble S. R. Nayak, Chief Justice of Chhattisgarh High court at Bilaspur (as His Lordship then was ). By an impugned order dated 3-5-2006, the Chief Justice of the High Court granted bail to the respondent accused on his executing a bond in a sum of Rupees One Lakh with two sureties of like amount to the satisfaction of the trial Court.

( 4 ) FOR the purpose of disposal of this case, it may not be necessary to recite the entire facts leading to the filing of this appeal. Suffice it to say that as many as 27 material prosecution witnesses have now turned hostile.

( 5 ) IT is settled law that in granting or non-granting of bail in non-bailable offence, the primary consideration is the nature and gravity of the offence.