Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2560 of 2018 Applicant :- Kuldeep @ Vipin @ Jhanpa Opposite Party :- State Of U.P.
Counsel for Applicant :- Mr Devesh Pratap Singh Chauhan,Girand Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This second bail application has been filed on behalf of applicant seeking his release on bail in Case Crime No.592/2015 (State vs. Kuldeep @ Vipin @ Jhanpa) u/s 395, 411 I.P.C., Police Station-Kaimganj, District-Farrukhabad.
Heard Shri Ved Kant Mishra, Advocate holding brief of counsel for applicant and learned A.G.A. and also perused the record.
Submission of counsel for applicant is that after rejection of first bail of the applicant, the trial has not made any substantial progress and therefore he should be released on bail.
Perusal of the bail rejection order shows that one of the prime reason for rejecting the bail was long criminal history of the accused-applicant and it has been observed that not less than seventeen criminal cases have been registered against the applicant so far. This Court had kept the pronouncement given by the Apex Court in Criminal Appeal No.1272 of 2015 Neeru Yadav vs. State of U.P. decided on 29.9.2015, in perspective and also did not find it safe to release the person of such criminal antecedents on bail because that was so likely to hamper prospects of fair trial. Even otherwise in a case of such gravity and with an accused of such antecedents, this Court does not see any good ground to allow the second bail application just on the ground of delay on trial. The period of detention also in offences of such gravity cannot be said to be so long drawn out which by itself may constitute good ground to release the accused on bail. Counsel has not been able to point out any such fresh good ground which may persuade this Court to release the applicant on bail.
The second bail application of the applicant, therefore, stands dismissed.
Order Date :- 21.8.2018 M. Kumar