Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7128 of 2018 Applicant :- Dabloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivangi Bhargava,Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is the second bail application filed on behalf of applicant Dabloo who is seeking his bail in connection with Case Crime No.600 of 2014, u/s 302, 201 I.P.C., Police Station-Hasanpur, District-Amroha. First bail application has been rejected by this Court vide order dated 30.8.2016 on merits.
Heard Shri I.D. Mishra, Advocate holding brief of Shri Ajay Kumar Srivastava, learned counsel for the applicant and learned A.G.A. and also perused the record.
The submission raised by the counsel for the applicant is that the trial has not made any substantial progress since the rejection of the bail of the applicant, and therefore, on the ground of detention he should be released on bail. Merits of the case have been once again reiterated by counsel.
Perusal of the earlier bail rejection order reveals that merits of the case were already gone into by the Court and in view of sufficiency of evidence available against the applicant the Court did not find it fit to release the applicant on bail. The situation still remains same. The law on the point of subsequent bail is too well settled to be elaborated upon. Unless there is a good fresh ground, the second bail cannot be allowed. Counsel has not been able to point out any good convincing fresh ground on the basis of which this Court could find merits in the case which it did not find on earlier occasion. So far as the detention period of applicant is concerned, the gravity of the offences are such that the period of detention cannot be said to be so long drawn out which by itself may constitute a ground to release the applicant on bail.
The second bail application of the applicant stands dismissed.
However, the trial court is directed to make all sincere endeavours to expedite the proceedings of trial and conclude the same at the earliest without granting any unnecessary adjournment to either party.
Order Date :- 25.4.2018 M. Kumar