Court No. - 48
Case :- CRIMINAL APPEAL No. - 2421 of 2011 Appellant :- Gopal Thakur & Another Respondent :- State Of U.P.
Counsel for Appellant :- Vikrant Rana, Amit Daga, D.R. Chaudhary Counsel for Respondent :- Govt. Advocate, V.S.Rajpoot
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Rajiv Gupta,J.
(Ref: Criminal Misc. Bail Application No.293490 of 2016) List has been revised.
None appears to press this application on behalf of applicant despite repeated calls.
This second bail application has been filed on behalf of appellant Gopal Thakur seeking his release on bail who has been convicted and sentenced in S.T. No.375 of 2005 (State vs. Gopal Thakur and another) arising out of Case Crime No.4 of 2005, under Sections- 302/34 I.P.C. and Section 3(2) (v) of the Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, Police Station-Agauta, District-Bulandshahr. The first bail application was already rejected on merits vide order dated 04.09.2014.
Record of the case including the earlier bail rejection order has been perused. Learned A.G.A. who is present has also been heard.
Perusal of the record does not make out any such new good ground on the basis of which this bail application may be allowed. The second prayer for bail therefore stands rejected.
However, it may be observed that as this order of bail rejection is being passed in the absence of counsel, who has chosen not to appear before the Court even in the revised call, therefore, the accused or his counsel will have the liberty to move another bail application, if he chooses. If any such next bail application is moved, the same shall be adjudicated upon on the basis of the submissions made before the Court without any prejudice and it shall be kept in perspective that the present bail application has been dismissed without hearing the counsel for the reason of his non appearance.
Order Date :- 30.11.2018 M. Kumar