Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2922 of 2018 Applicant :- Girijesh Kumar Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Dhirendra Kumar Srivastava,Priyanshu Dwivedi, Suraj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is the third bail application filed on behalf of applicant seeking his release on bail in Sessions Trial No.283/15 arising out of Case Crime No.145/14, u/s 395, 397, 412, 120B I.P.C., Police Station-Chowk, District-Varanasi. First and second bail applications have been rejected by this Court vide orders dated 24.11.2015 and 29.11.2016 on merits.
Heard learned counsel for applicant and learned A.G.A. and perused the record.
The only submission raised by the counsel for the applicant is the delay in conclusion of the trial and it has been pointed out that after the rejection of second bail on 29.11.2016, the trial has not made any substantial progress, and therefore, applicant should be released on bail.
Perusal of the first bail rejection order dated 24.11.2015 indicates that the entire factual merits of the case have been gone into in great detail by the Court. There was sufficient evidence available which was discussed at length. The second bail application was also rejected because there was hardly any good ground to allow second bail of the applicant. In a case of such gravity with such overwhelming evidence, as in the considered opinion of the Court is present in the case, there is absolutely no good reason to release the applicant on bail. The longer detention of the accused may sometimes persuade the Court to release an accused on bail but that is not a straight jacket formula to be applied universally without looking into the gravity of the offence and the availability of evidence. In a case of such gravity the detention period of accused cannot be said to be so long drawn out which may by itself constitute a good ground to release the applicant on bail. This Court does not propose to once again discuss the merits of the case as the first bail rejection order passed by this Court is containing a very lengthy discussion already regarding the merits of the case. Suffice it to observe that there is no reason to give a relook to the merits of the case and this Court finds sufficient evidence establishing prima facie case against the accused and there is no good reason to allow this third bail application in a matter of such gravity. Moreover, the trial of the case is also said to have commenced and it is for the trial court to adjudicate upon the guilt or innocence of the accused and any further finding by this Court is likely to cause prejudice to either side.
The third bail application of the applicant, therefore, stands rejected.
Order Date :- 21.8.2018 M. Kumar