V.B. Gupta, J. - (1.)THE petitioner Brijesh Kumar is seeking bail in this case in which he has been charge sheeted under Section 302/34 IPC with another co -accused.
(2.)ON 14th October, 2004, the present case was registered on the statement of deceased Vikas Chauhan who himself had gone to police post Wazirpur while driving his car in injured condition and had told the police that he had been shot by the petitioner Brijesh Kumar and co -accused Hitesh and later on Vikas succumbed to those injuries on 16.10.2004.
It is contended by learned Counsel for the petitioner that there are only two eye witnesses to the alleged incident namely PW -5 Suman Chauhan and PW -9 Atul Mittal and both have been examined by the court. The testimony of PW -5 shows that she is not an eye witness to the alleged occurrence and PW -9 examined before the trial court has not supported the case of prosecution and there are no chances of tempering of the evidence by the witnesses in any manner.

(3.)ANOTHER contention raised by the learned Counsel for the petitioner is that in the MLC, name of the present petitioner was nowhere mentioned whereas the statement of PW -5 (wife of the deceased) was recorded after 14 days and during that period she had chosen not to speak about this incident to the police.