Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41243 of 2017 Applicant :- Saleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamla Kant Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Amar Singh Chauhan,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material on record.
By means of this second bail application, the applicant Saleem, who is involved in Case Crime No. 498 of 2016, under sections 302, 201, 120-B IPC, Police Station Garhmukteshwar, District Hapur, is seeking enlargement on bail during trial. The first bail application being Criminal Misc. Bail Application No. 9939 of 2017 was rejected on merit by this Court vide order dated 28.3.2017.
Learned counsel for the applicant raised certain arguments which were available to the applicant at the time of disposal of the first application and which cannot be considered in the second bail application. In this case, chain of the circumstances viz last seen and motive, which constitute the offence, are complete and Alakatal bamboo was recovered at the pointing out of the applicant. As per post-mortem report, the cause of death was coma as a result of ante-mortem head injury. On the body of the person three lacerated wounds were found and on skull abrasion was found. It has come in the evidence that the applicant had illicit relation with the wife of the deceased. In this case, two witnesses have already been examined and only formal witnesses are left to be examined. The case of the applicant is not at par with concerned Smt. Sanjo, the main architect of the offence.
Per contra learned AGA inter alia opposed the bail of the applicant on the ground that no fresh ground has been taken for disposal of the second bail application on merit.
In view of what has been indicated above, there is no ground to enlarge the applicant on bail.
Accordingly, the second bail application is rejected.
However, the Trial Court is further directed to make an endeavour to decide the case expeditiously as possible, preferably within a period of six months from the date of production of a certified copy of this order without granting unnecessary adjournments to either of the parties.
Order Date :- 27.2.2018 Puspendra