- (1.) BARKAT A. N. Zaidi, J. This is a Illrd bail application by the applicant accused in Crl. Case No. 2107 of 2006 (State v. Virendra Singh), under Sections 409, 420, 467, 471, 468, 120-B, I. P. C. , Police Station Muradnagar, District Ghaziabad, pending in the Court of llndaddl. Chief Judicial Magistrate, Ghaziabad.
(2.) THE first bail application of the applicant was dismissed without there be ing any order on merits and the subsequent one was rejected by order dated 17. 9. 2007, copy of which is annexed herewith for ready reference. He has come up again here before this Court for bail and his grouse is that there are more than 170 prosecution witnesses in the case, only one has been examined after his second bail application was rejected by the Hon'ble High Court and the High Court had ordered to fix the case for hearing twice in each week till decided, the applicant is in jail for about three years. Heard Sri P. K. Srivastava, advocate for the applicant and Mohd. Israil Siddiqui, Additional Government Advocate for the State.
(3.) THE applicant should have applied to the Trial Judge for bail on all these counts and only after rejection of bail application by the Courts below, he should have come to this Court. The Rule is that no application over the head of the Trial Judge will lie directly to this Court. It is for the Trial Judge to consider the circumstances aris ing for the grant or refusal of the second or third bail application, and it is only after his or their orders have been passed, that the aggrieved party can come to this 9 Court.;