- (1.) This Court dismissed the third bail application filed on behalf of the petitioner vide order dated 20.01.2020 which reads as under:- ''Heard counsel for the parties. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that the no blood stain on the weapon of offence has been found. Counsel further submits that there is contradiction in the FIR as well as statement of the complainant Subham Vashistha. Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application. The second bail application filed by the accused-petitioner was dismissed by this Court vide order dated 19.09.2019 taking into consideration the statement of injured (PW-1) Subham Vashistha, wherein he has specifically stated that the petitioner has caused head injury on the person of deceased. The order dated 19.09.2019 reads as under:- "Heard counsel for the parties. Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Learned Public Prosecutor assisted by counsel for the complainant has opposed the bail application and submitted that according to the statement of injured (PW-1) Subham Vashistha the accused petitioner has caused the head injury on the person of deceased. Considering the submissions put-forth by counsel for the parties and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, I am not inclined to release the petitioner on bail under Section 439 Cr.P.C. Hence, this second bail application stands dismissed." In the facts and circumstances of the present case and looking to the seriousness of the offence(s) alleged against the petitioner, without expressing any opinion on the merits of the case, I am not inclined to release the petitioner on bail under Section 439 Cr.P.C. Accordingly, this third bail application under Section 439 Cr.P.C. is dismissed.''
(2.) Counsel for the petitioner submits that after dismissal of the third bail application, injured witness Subham (PW-1) has been again summoned for further cross-examination and his cross-examination was recorded on 27.02.2019. Counsel further submits that from a bare reading of cross-examination of the aforesaid injured witness, no case is made out against the accused-petitioner.
(3.) Learned Public Prosecutor has opposed the bail application.;