Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9851 of 2021 Applicant :- Ajay Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present second bail application has been filed by the applicant in Case Crime No.415 of 2018, under Sections 302, 504 and 34 IPC, P.S. Sikandrarau, District Hathras with the prayer to enlarge him on bail.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case merely on the basis of suspicion. The prosecution version is totally false and fabricated and that there is no credible evidence against applicant. In fact no offence under Section 302, 504 and 34 IPC is made out against the applicant. It was submitted that co-accused Jeetu @ Jitendra, who was also named by the eye-witness in her supplementary statement, has already been granted bail by a coordinate Bench of this Court vide order dated 21.01.2019, passed in Criminal Misc. Bail Application No.2315 of 2019. It has been submitted that the applicant is languishing in jail since 12.07.2018 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail and argued that no new substantial ground is made out for entertaining this second bail application.
On perusal of record shows that the first bail application of applicant was rejected by this Court vide order dated 31.05.2019, passed in Criminal Misc. Bail Application No.16732 of 2019, on merits. No new and substantial ground could be shown in this second bail application. The fact that co- accused Jeetu @ Jitendra was granted bail, has already been considered in the order of first bail application.
Considering the submissions of learned counsel for the parties, nature of accusation, gravity of offence and all attending facts and circumstances of the case, the applicant is not entitled to be enlarged on bail. Hence, the second bail application of applicant Ajay is hereby rejected.
Order Date :- 28.7.2021 Neeraj