Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45935 of 2017 Applicant :- Ahmad Hasan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sonu Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This second bail application has been filed seeking the release of the applicant on bail in Case Crime No. 844 of 2013, u/s 302 IPC, Police Station- Bannadevi District-Aligarh. First bail application was rejected by this Court on 15.7.2016, on merits.
Submission of learned counsel for the applicant is that the trial has already commenced and the prosecution witnesses have turned hostile and, therefore, the applicant may be enlarged on bail.
Heard learned AGA and perused the record.
A perusal of the earlier bail rejection order indicates that there was criminal history of the applicant and it was not found safe to release the applicant on bail as it was likely to result in tampering with the evidence. The fact that the prosecution witnesses that have been produced in the trial court, have turned hostile confirms the apprehension of the court and it is not found safe to release the applicant on bail because the remaining chances of fair trial shall be lost beyond redemption if he is released on bail. Moreover, the trial has already commenced and it is for the trial court to adjudicate upon innocence or guilt of the accused on the basis of evidence and any finding on the basis of evidence produced in the trial court is likely to cause prejudice to the impartial judgment of the trial court. Suffice it to say that there is sufficient evidence making out prima facie case against the applicant and in view of the totality of the facts and circumstances of the case, this Court does not find it a fit case to release the applicant on bail. There is no such fresh ground on the basis of which this Court may feel persuaded to take a different view in the matter.
In the aforesaid background, the second bail application stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.3.2018 CPP/-