Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12062 of 2021 Applicant :- Pahalwan @ Sheelu Opposite Party :- State of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Manvendra Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 96 of 2019, under Sections 302, 504, 506 IPC, P.S. Jahanabad, District Fatehpur with the prayer to enlarge him on bail.
Submission of learned counsel for the applicant is that although this is second bail application but after rejection of first bail application, the prosecution witnesses have been examined. P.W.-1 is not an eye account witness. P.W.-2 is a planted witness. There is major contradiction in the statements of witnesses examined during trial. At this juncture, learned counsel for the applicant referred to the statements of witnesses examined during trial and inquest report filed with the application and further argued that no prima facie case is made out against the applicant.
Learned A.G.A. has opposed the prayer for bail and argued that there is no new ground for granting bail to the applicant. Witness examined before trial court have supported the prosecution case. All the plea taken in second bail application either have already been considered or shall be scrutinized at final stage.
Considering the submissions of learned counsel for the parties, all attending facts and circumstances of case and going through entire record as well as statements of witnesses, when trial is at advance stage, ground taken in second bail application are not sufficient to allow this second bail application of the applicant. The second bail application of applicant Pahalwan @ Sheelu is hereby rejected.
However, trial court is directed to conclude the trial expeditiously fixing short dates.
Order Date :- 28.7.2021 Gss