Heard leaned counsel for the applicant, learned A.G.A. for the State-respondent and perused the material brought on record.
The present second bail application has been filed by the applicant in case crime No. 177/2020, under Sections 452, 302, 324, 504, 506, 34 IPC, police station Meerganj, District Bareilly with the prayer to enlarge the applicant on bail. The first bail application of applicant was rejected by this Court on merits, vide order dated 14.12.2020.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has been falsely implicated in this case. It was submitted that the role of causing fatal injury by 'Tabal' to deceased has been attributed to co-accused Sachin. Learned counsel has further submitted that the first bail application of the applicant was rejected by this Court, vide order dated 14.12.2020 and after that similarly placed co-accused Tahir and Aslam have already been granted bail by co-ordinate Bench of this Court vide order dated 15.03.2021, copy of which has been annexed with the bail application. It was further submitted that applicant is languishing in jail since 19.05.2020 and that criminal history shown against the applicant has been duly explained in paragraph no. 21 of the affidavit accompanying the bail application and that applicant is on bail in that case. It has further been argued that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail and argued that there is a criminal history of one murder case against the applicant and that while he was on bail in that case, applicant has indulged himself in the instant case and in that view of the criminal history of the applicant, he cannot claim parity with co-accused Tahir and Aslam.
Perusal of record shows that there is criminal history of one murder case against the applicant and at the time of incident of this case, he was on bail in that case. Thus applicant cannot claim parity with co-accused Tahir and Aslam, who have been enlarged on bail by this Court after rejection of first bail application. The first bail application of applicant has already been rejected by this Court on merits after considering all relevant facts and circumstances of the case.
After considering submissions of learned counsel for the parties, looking into the seriousness of the allegations, gravity of the offence, severity of punishment and considering all attending facts and circumstances of the case, no new ground for entertaining this second bail application is made out.
Accordingly, the instant second bail application filed on behalf of applicant Sager Ahmad is rejected.
However, keeping in view the period of detention of the applicant, learned Trial Court is directed to expedite the trial and to decide the same expeditiously, preferably within a period of one year from the date of production of a copy of this order.
A copy of this order be forwarded to the concerned court below for necessary compliance.
Order Date :- 26.8.2021 pks/Anand