Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13520 of 2018 Applicant :- Najim Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharda Prasad Mishra,Ajay Nand Pandey,Sunita Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
This second bail application has been moved by the applicant Najim who is involved in Case Crime No. 66 of 2017, under Sections 394, 302, 411, 120-B I.P.C., Police Station-Singhawali Aheer, District-Baghpat.
Learned counsel for the applicant contended that co-accused Rahil Tyagi @ Rohil has been enlarged on bail by co-ordinate Bench of this Court on 17.5.2018 in Criminal Misc. Bail Application No. 38747 of 2017. Role of applicant is similar to that of co-accused. Applicant is in jail since 19.2.2017.
Learned A.G.A., for the State has opposed second bail application and contended that this is a case of day light loot and murder.
This fact was brought into notice of the co-ordinate Bench of this Court that juvenile Arif and Kazim have already been enlarged on bail by Juvenile Court. But, the fact that first bail application of Najim has been rejected by this Court on 15.2.2018 was not brought into notice of co- ordinate Bench.
This is a case of day light loot and murder. FIR has been lodged by Smt. Brijesh i.e. wife of the deceased just after three hours of the occurrence on receiving information of the incident by her husband. There are 11 injuries on the person of the deceased Ramesh.
In Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu Yadav and another, 2004 SCC (Cri.) 1977, Hon'ble Apex Court held that detention for longer period in heinous crime is not justified ground for granting bail. Second bail application can be entertained only on fresh ground.
Detention for longer period and co-accused has been enlarged on bail, are not good grounds for entertaining second bail application.
Accordingly, this second bail application stands dismissed.
However, it is expected that the trial court shall make its all endeavour to conclude the trial of this case expeditiously.
Order Date :- 27.11.2018 Jaswant