- (1.) SHIV Shanker, J. The first bail application of the applicant was rejected on merits of the case by this Court on 5-10-2006 passed in C. M. B. A. No. 13829/06.
(2.) THIS is the second bail application moved on behalf of applicant Girish, son of Shri Soran Singh, in case crime No. 190/05, under Section 304 I. P. C. , P. S. Jasrana, District Firozabad. Heard learned Counsel for the applicant, learned A. G. A. and perused the whole record. It is submitted by learned Counsel for the applicant that P. W. 1 Data Ram, P. W. 2 Ashok Kumar, son of Data Ram and P. W. 3 Kamlesh Kumar have been examined after rejecting his first bail application. They have not supported the prosecution story in their deposition. Therefore, he cannot be convicted for the said charges.
(3.) LEARNED A. G. A. has opposed the prayer for bail and urged that there is no fresh and good ground in allowing the second bail application. The first bail application of the present applicant has already been rejected by this Court on merits of the case, wherein the present applicant was shooter and the same was corroborated with the post- mortem report of the deceased and the F. I. R. was also lodged without any inordinate delay against him. The statement of P. W. 1, P. W. 2 and P. W. 3 reveals that they have not supported the prosecution story in their deposition.;