1. This is the 4th successive bail application preferred by the applicant on the ground that the applicant was arrested on 10.2.2011 and still the trial has not concluded and the complainant does not want to give evidence before the trial Court .
2. Earlier, this Court has rejected the application dated 20.10.2011 passed in Criminal Misc. Application No.14942 of 2011 by passing the reason order.
"1. Heard learned Advocate. Mr. P.Y. Divyeshvar for the applicant.
2. Vide an earlier order dated 10.05.2011 passed in Criminal Miscellaneous Application No.5787/2011, this Court passed the following order :-
"This application is filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with FIR bearing CR No.I-23 of 2011 registered with Dabhoi Police Station for the offence punishable under Sections 307, 342, 498(A), 323, 504 and 114 of the Indian Penal Code.
Heard learned APP Considering the allegations which are serious in nature, whereby applicant No.1 is attributed of sprinkling kerosene on the body of the victim while applicant No.2 caught hold of her body supported by eye witnesses, in such a case of cruel attempt to kill the victim no bail can be granted even after charge-sheet.
The application is rejected."
3. In view of the above cited order, this Application stands rejected."
3. Submissions of learned advocate that now 14 witnesses have been examined and the complainant is somehow not turning to give her deposition cannot be a ground to consider the successive bail.
4. In absence of merit, this application is rejected.
[ANANT S. DAVE, J.] //smita// Top