Court No. - 48
Case :- CRIMINAL APPEAL No. - 46 of 2013
Appellant :- Smt. Kamla & Others
Respondent :- State Of U.P.
Counsel for Appellant :- Rakesh Tripathi-I,V.K. Jaiswal
Counsel for Respondent :- Govt. Advocate
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Ajit Singh,J.
Criminal Misc. Second Bail Application No. 203012 of 2013 List has been revised.
None appears to press this application on behalf of appellant despite repeated calls.
This second bail application has been filed seeking the release of the applicant no.3 on bail, who has been convicted and sentenced in Session Trial No. 1565 of 2003, arising out of Case Crime No. 120 of 2003, under Section 302 read with Section 34 I.P.C., Police Station Simbhawali, District Ghaziabad. The first bail application of appellant no.3 was rejected by Hon. Mr. Justice Dharnidhar Jha and Hon. Mr. Justice Mahendra Dayal, JJ on 7.1.2013 on merits.
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-Rajveer or his counsel will have the liberty to move another bail application and place before the Court such submissions and bring out such material which he thinks may make out a case for bail in favour of appellant-Rajveer. If any such next bail application is moved, the same shall be adjudicated upon on the basis of merits of the submissions made before the Court without any prejudice and it shall be well kept in perspective that the present bail application has been dismissed without hearing the counsel for the reason of his non appearance.
Order Date :- 27.11.2018 Mini