Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20479 of 2019 Applicant :- Atul Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Ambrish Kumar Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Ambrish Kumar Kashyap, learned counsel for the applicant and Sri B.A. Khan, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 883 of 2016 of S.T. No. 16 of 2017 under Section 302 I.P.C., P.S. Kotwali, District Mainpuri.
Learned counsel for the applicant stated that this is second bail application filed on behalf of applicant. The first bail application though was dismissed on merits but now the witnesses have turned hostile, hence accused applicant should be released on bail; the accused applicant is in jail since 13.10.2016; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail.
Since the first bail application of the applicant was considered on merits and after taking into consideration all aspects, the same was dismissed, additional ground that witnesses have turned hostile during trial is not proper ground for grant of bail to the accused applicant, hence this Court does not find good ground for enlarging the applicant, Atul Pandey on bail.
The bail application of the applicant, Atul Pandey is, accordingly, rejected.
We further direct the court below to make all endeavours to decide this case pending before it expeditiously within a period of six months.
Order Date :- 29.11.2019 A. Mandhani