Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42593 of 2017 Applicant :- Ram Kumar @ Akhtar Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kishor Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This is the third bail application moved on behalf of applicant seeking his release on bail in Case Crime No.216 of 2012, u/s 364A and 34 I.P.C., Police Station-Refinery, District-Mathura. First and second bail applications have been dismissed by this Court vide orders dated 26.01.2016 and 29.3.2017.
Heard learned counsel for applicant and learned A.G.A.
The only point raised by the counsel for the applicant is that the trial has not yet concluded and therefore on the ground of detention the applicant may be released on bail. Counsel has been fair enough to concede that the trial has already commenced and about six prosecution witnesses have already been examined in the court.
Learned A.G.A. has opposed the prayer for bail.
Perusal of earlier bail rejection orders show that earlier bail applications were also rejected because the Court was of the view that the matter is within the realm of the trial court which has to give the final verdict of innocence or guilt of the accused on the basis of evidence produced during the course of trial. At this advanced stage there is hardly any good reason now that this bail application may be allowed. So far as the detention period of applicant is concerned, in this case of so gravity the detention period cannot be said to be so long drawn out that the applicant may be released on that basis alone. Counsel has not been able to point out any good fresh ground to allow the bail of the applicant.
The third bail of the applicant therefore stands dismissed.
Order Date :- 31.8.2018 M. Kumar