Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51792 of 2019 Applicant :- Rajan Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ashok Kumar Singh, the learned counsel for the applicant and the learned A.G.A. for the State.
This second application for bail has been filed by the applicant- Rajan for seeking his enlargement on bail in Case Crime No.
384 of 2017, under Sections 498-A, 304-B, 201 I.P.C. and Sections 3/4 D.P. Act, Police Station-Amanpur, District- Kasganj during the pendency of the trial of the above mentioned case crime number.
First bail application of the applicant was rejected, vide order dated 29.11.2008. While rejecting the first bail application, this Court has recorded a categorical finding that in the post mortem report, Autopsy Surgeon has found as many as 7 ante mortem injuries on the body of the deceased. This Court further recorded a finding that that occurrence took place just after 5 months of marriage of the son of the applicant.
Learned counsel for applicant submits that the mother-in-law of the applicant has been granted bail by this Court, vide order dated 26.8.2019. He next contends that during the interregnum three prosecution witnesses have been examined, but they have not alleged any statement of fact against the applicant.
Be that as it may, this Court in exercise of its jurisdiction under Section 439 Cr. P. C. cannot sit in appeal over the evidence which has been recorded during the course of trial or preempt on the merits/demerits of the trial evidence. Therefore, submissions urged on behalf of applicant that prosecution witnesses who have been examined upto this stage have not levelled allegations against the present applicant cannot be considered.
Having heard the learned counsel for the applicant, learned A.G.A. for the State and upon perusal of the material brought on record and the complicity of the applicant but without expressing any opinion on merits of the case, I do not find any new or good ground to allow the present application. Consequently, the second bail application of the applicant is hereby rejected.
Order Date :- 17.12.2019 HSM