Court No. - 48
Case :- CRIMINAL APPEAL No. - 946 of 2013 Appellant :- Nimlesh Respondent :- State Of U.P.
Counsel for Appellant :- D.P.S. Chauhan,Raj Bahadur Verma,Ram Saran Giri Counsel for Respondent :- Govt. Advocate,Jag Narayan
Hon'ble Karuna Nand Bajpayee,J. Hon'ble Rajiv Gupta,J.
(Order on Criminal Misc. IInd Bail Application No.233415 of 2016) List has been revised.
None appears to press this application on behalf of the appellant despite repeated calls.
This second bail application has been filed seeking the release of the applicant on bail, who has been convicted and sentenced in case crime no.199 of 2003, under section 302/34 I.P.C. Police Station Kamalganj, District Farrukhabad. The first bail application was rejected by Hon. Amar Saran,J and Hon. Karuna Nand Bajpayee,J. on 6.9.2014 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 or his counsel will have the liberty to move another bail application, if he chooses. If any such next bail application is moved, the same shall be adjudicated upon on the basis of the submissions made before the Court without any prejudice and it shall be kept in perspective that the present bail application has been dismissed without hearing the counsel for the reason of his non appearance.
Order Date :- 30.11.2018 R