Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45425 of 2017 Applicant :- Ram Singar Verma Opposite Party :- State Of U.P.
Counsel for Applicant :- Dinesh Kumar Pandey 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 S.T. No.45 of 2015, arising out of Case Crime No.65 of 2015, u/s-376-A I.P.C. and Section 3/4 of Protection of Children from Sexual Offences Act, Police Station -Atarauliya, District -Azamgarh. The first bail application was rejected by this Court on merits vide order dated 31.03.2016.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
The only point raised by the counsel is that the trial has not been concluded since the rejection of bail of the applicant, and therefore, on the period of detention the applicant should be released on bail. Counsel has also tried to touch upon the merits of the case once again.
Learned A.G.A. has opposed the prayer for bail.
Perusal of earlier bail rejection order passed by this Court reveals that the merits of the case have already been considered in detail and the Court did not find it fit to release the applicant on bail. Merits of the case cannot be looked and relooked with the passage of time simply because some time has further elapsed. This is a case in which the victim of rape is a minor girl and the medical evidence corroborated the allegations made against the applicant. Suffice it to say that there is sufficient evidence available against the accused-applicant and in offences of such gravity the period of detention cannot be said to be so long drawn out that the applicant may be released on bail on that basis alone. Counsel for the applicant has not been able to point out any fresh good ground which may persuade this Court to allow the bail of the applicant.
The second bail application of the applicant, therefore, stands dismissed.
Order Date :- 31.8.2018/M. Kumar