Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5844 of 2018 Applicant :- Maqsood Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is the second bail application, moved on behalf of applicant seeking his release on bail in Case Crime No.05 of 2016, u/s 498A, 304B I.P.C. and 3/4 D.P. Act, Police Station- Sadar Bazar, District- Mathura. First bail application was rejected on merits vide order dated 23.12.2016.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
The only point pressed forth by the counsel for the applicant is that since the rejection of bail application the trial has not made any substantial progress, and therefore, the applicant should be released on bail on the point of detention.
Learned A.G.A. has opposed the prayer for bail.
The merits of the case has already been considered by this Court and in fact, no point on the merit has been raised by the counsel itself. Ordinarily, the courts lean in favour of granting bail on the ground of longer detention but such liberal view cannot be taken without paying due regard to that facts of the case. So far as the present case is concerned it is a case of extreme atrocity displayed against the deceased as not less than ten lacerated wounds on the body of the deceased were found. In fact, the death was reported as a result of asphyxia and even hyoid bone was found fractured which is sufficient to demonstrate the homicidal death of the deceased. The applicant is the husband and there is no escape for him from the incriminating conclusive circumstances which irresistibly point to his guilt. There is absolutely no good ground to take liberal view in the matter of such nature and therefore, the second prayer for bail of the applicant stands rejected.
Order Date :- 31.7.2018 shiv