- (1.)THIS is the second bail application filed by the applicant under Section 439 of the Cr.P.C. for grant of bail. First bail application (M.Cr.C.No.3638/2013) has been dismissed as withdrawn on 05 -02 -2014.
(2.)APPLICANT has been arrested on 16 -10 -2013 in connection with Crime No.505/2012 registered at Police Station Ambah District Morena for the offence punishable under Sections 302, 294, 323, 341 of IPC and under Sections 25, 27, 29 and 30 of Arms Act.
As per prosecution story, the incident has occurred on 5th October, 2012 at about 7:30 am at Village Bareh District Moerna. Dehati Nalish was registered at 10:00 am on the basis of information given by Rajkumar who is father of deceased Pawan.

(3.)PRAYER for bail was made on the following grounds:
i - Dying declaration was recorded on the same day at about 8 am just after incident in which the place of incident was shown at the house of deceased and it was also mentioned in the dying declaration that gun shot injury was inflicted at left thigh.

ii - Charge -sheet has already been filed.

iii - In MLC report dated 05 -10 -2012 it was mentioned that the injury was caused at the right thigh, thereafter in post mortem report the injury was found present at the right thigh. In the application of post mortem date of incident was mentioned as 5th September, 2012 and in autopsy report 05 -10 -2012.

iv - In dying declaration, eye -witnesses have been shown as Jayantilal and Banwari but in Dehati Nalish eye -witnesses were named as Rakesh, Amrish and Omkar. In the statement of eye - witnesses recorded under Section 161 of Cr.P.C. contradictions are there in relation to place of incident.

v - On the basis of Dehati Nalish lodged by injured Umesh present applicant crime No.509/2012 for the offence punishable under Sections 307, 341 and 34 of IPC was registered against Rakesh, Amrish, Rajkumar (complainant of present case) and Chhotu. In that case gun shot injury was caused at the left thigh of Amrish.