Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14626 of 2018
Applicant :- Imran
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imran Khan,Mohd Aadil Siddiqui
Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
This is the second bail application moved on behalf of the applicant. The first bail application [Criminal Misc. Bail Application No. 40905 of 2017 (Imran v. State of U.P.)] was rejected by this Court vide order dated 31.10.2017.
Learned counsel for the applicant contended that the police has submitted final report, exonerating co-accused - Aasim of all charges. As per medical report, age of the prosecutrix is about 18 years.
Considering the aforesaid facts and merits of the case, the first bail application of the applicant was rejected. There is no new ground to entertain second bail application. Hon'ble Apex Court in State of Madhya Pradesh v. Kajad reported in (2001) 7 SCC 673 held that:
".....It is true that successive bail applications are permissible under the changed circumstances. But without the change in the circumstances the second application would be deemed to be seeking review of the earlier judgment which is not permissible under criminal law as has been held by this Court in Hari Singh Mann v. Harbhajan Singh Bajwa & Anr. [2001 (1) SCC 169] and various other judgments."
In view of aforesaid observations, this second bail application stands rejected.
Order Date :- 20.12.2018
I. Batabyal