Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17880 of 2018 Applicant :- Prem Gadher Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This second bail application has been filed seeking the release of the applicant on bail in Case Crime No. 502 of 2015, under Sections 147, 148, 149, 302 I.P.C. and 7 Criminal Law Amendment Act, Police Station Kotwali Nagar, District Banda.The first bail application was rejected by this Court on 30.1.2017.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
Submission of learned counsel for the applicant is that trial has not made any substantial progress since rejection of earlier bail application. Therefore, the applicant should be released on bail on the ground of longer detention.
The perusal of the earlier bail order reveals that the first bail application was rejected by this Court primarily on the ground that the trial of the case has already commenced. The situation remains the same even now. There is no good fresh ground on the basis of which, the applicant may be released on bail. So far as the longer period of detention is concerned, in a case of this gravity the detention of the applicant can also not be said to be so long drawn out which may constitute a legitimate ground enough to set him at liberty or may persuade the Court to grant him bail on that basis alone.
In the aforesaid background, the second bail application stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 30.5.2018 Naresh