RAMESH SINHA, J. - (1.) REJOINDER affidavit filed today by learned counsel for the applicant is taken on record.
(2.) HEARD Sri Mridul Rakesh, learned Senior Advocate assisted by Sri Santosh Srivastava, learned counsel for the applicant, Sri U.K. Pandey, learned counsel for the complainant and Sri Rajesh Kumar Singh, learned A.G.A. appearing for the State and perused the record.
(3.) THE first bail application has been rejected by Hon'ble V.C. Gupta, J. on 1st May, 2013, hence the present second bail application has been filed on behalf of the applicant which came up before His Lordship on 6th February, 2014 and His Lordship has released the matter on 6th February, 2014 itself. The new ground which has been argued by learned counsel for the applicant is that the evidence of four witnesses including the formal witness, i.e., Dr. S.K. Rai, who has conducted the post mortem of the deceased have been recorded by the trial court on 18.10.2013and from a perusal of the evidence of the doctor, it is evident that it is a case of hanging. The deceased died as a result of asphyxia as a result of hanging though it is a case of the prosecution that firstly the deceased was done to death by administering some intoxicating substance and then hanged which totally belied after the evidence of the doctor, hence the applicant is entitled to be released on bail. The applicant was employed in the Indian Army at the time of incident and he has surrendered before the competent court in the present case on 8.12.2013. The applicant has no other reported criminal antecedent.;