Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35319 of 2019 Applicant :- Salman Opposite Party :- State of U.P.
Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
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. 1829/2018, under Sections 394, 307 IPC, police station Sihani Gate, District Ghaziabad with the prayer to enlarge the applicant on bail. The first bail application was rejected by this Court vide order dated 15.05.2019.
It has been argued by learned counsel for the applicant that the accused-applicant has been falsely implicated in this case and he has not committed any crime as alleged. It was submitted that there is no motive against the applicant to commit the alleged incident and no incriminating article was recovered from the possession of the applicant. It was further argued that co-accused Sanjay alias Javed has already been enlarged on bail by another Bench of this Court, copy of which has been annexed with the bail application. It was also argued that there is no independent witness to the alleged incident. It was argued that the applicant is in judicial custody since 01.10.2018 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
On the other hand, learned A.G.A. has opposed the prayer for bail and argued that applicant has criminal history of 22 cases.
Perusal of the record shows that first bail application of applicant was dismissed on merits vide order dated 15.05.2019 passed in Criminal Misc. Bail Application No. 47429 of 2018. Learned counsel for the applicant could not show any substantial new ground to entertain this second bail application. It is well settled that second bail application can be entertained only on some new grounds or development, which might have developed after rejection of first bail application or any material piece of evidence, which was not considered at the time of first bail application.
After considering submissions of learned counsel for the applicant, looking into the seriousness of the allegations, gravity of the offence and severity of the punishment, criminal history of applicant and the fact that no new substantial ground could be shown, no case for grant of bail is made out.
Accordingly, the instant second bail application filed on behalf of accused-applicant Salman is rejected.
Order Date :- 28.11.2019 Anand