Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1040 of 2019 Applicant :- Ashok Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Shiromani Shukla,Anubhav Shukla Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of accused- applicant, who is involved in Case Crime No. 477 of 2017, under Section 377, 506 I.P.C. and Section 4 POCSO Act, Police Station- Hafiz Ganj, District- Bareilly.
This is a second bail application with a prayer that the applicant is in jail since 18.05.2018 till further contended that for P.W.- 1 does not supports the version of prosecution witness and contended that although the P.W.-2 has examined by learned trial court not till date today no cross-examination of P.W.-1 has been done. He has further contended that only prayer of the applicant is that applicant is in jail since 18.05.2018 so the bail applicant is cancelled.
Earlier the first bail application was rejected and no fresh ground is found in this bail application.
Considering all the facts and circumstances, nature and gravity of offence but without touching the merits of the case, in my opinion the accused applicant is not entitled for bail.
So the prayer for second bail application is rejected. However, it is expected to the trial court to conclude the trial of the present case within six months if there is no legal impediment.
Order Date :- 29.5.2019 Rohit