Court No. - 1
Case :- CRIMINAL APPEAL No. - 5062 of 2009 Appellant :- Ram Asrey Respondent :- State Of U.P.
Counsel for Appellant :- Naresh Kumar,Ambrish Kumar,Pramod Kumar,Rajiv Lochan Shukla,Seema Pandey Counsel for Respondent :- Govt. Advocate
Hon'ble Ramesh Sinha,J. Hon'ble Dinesh Kumar Singh-I,J.
Ref: Criminal Misc. IIIrd Bail Application No. 76669 of 2017 Heard Sri Seema Pandey, learned counsel for the appellant, Sri Ashish Pandey, learned A.G.A. for the State and perused the record.
This is the third bail application on behalf of the appellant. The first bail application of the appellant was rejected by Hon'ble Amar Saran, J. and Hon'ble Shyam Shankar Tiwari, J. (as they then were) vide order dated 20.4.2010. Thereafter second bail application was rejected on 26.4.2016 by Hon'ble Shri Ramesh Sinha, J. and Hon'ble Vinod Kumar, J. (as he then was).
The new ground which has been argued by learned counsel for the appellant is that the appellant is in jail since 31.7.2009 and he has served out almost 9 years in jail.
Learned A.G.A. opposed the prayer for bail and submitted that the first bail application and the second bail application of the appellants were rejected on merit by this Court vide order dated 20.4.2010 and 26.4.2016 respectively.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the appellants convicted and sentenced in Case Crime No. 75 of 1985, under Sections 147, 148, 149, 302, 323 IPC, police station Shivli, District Kanpur Dehat.
Accordingly, the third bail application is rejected. Paper book of the case is ready.
List the matter in the next cause list for final hearing.
(Dinesh Kumar Singh-I, J.) (Ramesh Sinha, J.) Order Date :- 26.4.2018 A.P. Pandey