Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28216 of 2017 Applicant :- Sanjeev Yadav And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Jadu Nandan Yadav,Arimardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Jadu Nandan Yadav, learned counsel for applicants and learned A.G.A. for State.
2. The present second bail application has been moved by accused-applicants for enlarging them on bail in Case Crime No.574 of 2015 under Sections 364, 302, 201, 120-B, 34 IPC, Police Station-Kannauj, District-Kannauj. The first bail application of accused-applicants was rejected by a co-ordinate Bench of this Court vide order dated 18.04.2017.
3. Learned counsel for applicant contended that applicants are innocent and he has been falsely implicated. Applicants are in jail since 05.08.2015. He has further contended that period of detention in jail may be considered as a ground for granting the applicants bail. There are no chances of applicants fleeing away from judicial process or tampering with prosecution evidence. They undertake to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, they are enlarged on bail, they will not misuse liberty of bail.
4. Learned A.G.A. has vehemently opposed the bail application.
5. Perusal of earlier order of bail rejection clearly shows that both the applicants actively participated in commission of alleged crime and on their pointing out weapon of assault i.e. hasia was recovered. In fact, there is no new ground taken in this application and the grounds taken have already been considered by this Court while rejecting first bail application vide order dated 18.04.2017.
6. Looking into entire facts and circumstances as well as gravity of offence, I do not find it a fit case for grant of bail.
7. Application is, accordingly, dismissed.
Order Date :- 30.7.2019 Manish Himwan