Karunesh Singh Pawar, J. - (1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
(2.) This is the second bail application. The first bail application was rejected by this Court vide order dated 02.08.2017 passed in Bail No. 7963 of 2016, contained in Annexure No. 22 to the writ petition.
(3.) Prosecution story is that the informant of the case who is friend of the deceased has categorically stated that four persons had gone to DRM Office in Innova Car. He further stated that the applicant is said to be armed with country made pistol and had shot dead the deceased. It is further alleged that at the back gate of the DRM office Kamal Kishore Singh @ Pappu Singh (present applicant), Shyam Lal Yadav, Ajit Singh, Dinesh Singh and two-three other persons whom he identified got down from the Innova Car along with Ajeet Singh and J.P Singh and around 1:30 PM after seeing Ashish Pandey started abusing him and said as to why they have come to file their tender to which the complainant replied that they had not come in relation to tender then Shyam Lal Yadav and Ajit Singh and Dinesh exhorted and on that Ajit Singh and Shyam Lal Yadav caught hold of Ashish Pandey and Pappu Singh (Present Applicant) took the gun from his jeans and fired at Ashish Pandey and he fell down and when the informant tried to save them then Dinesh Singh exhorted that if anybody else come forward he shall also be shot and by saying this Shyam Lal and Ajit Singh started firing in the air. It is further alleged that in the said incident Arvind Singh @ Narendra Pahadi, Pappu Singh and J.P. Singh had conspired. The informant took Ashish Pandey to Sahara Hospital, where he scummed to death.;