Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51957 of 2019 Applicant :- Sharad Kumar Sinha Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mohd. Hesamuddin Khan Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This second anticipatory bail application u/s 438 Cr.P.C. has been moved seeking the bail of applicant namely Sharad Kumar Sinha, in the event of his arrest in Case Crime No.0086 of 2019, under Sections 170 and 419 I.P.C., Police Station Kakadeo, District Kanpur Nagar. The first anticipatory bail application was rejected by co-ordinate Bench of this Court on merits on 11.9.2019.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Perusal of the bail rejection order passed on earlier anticipatory bail application shows that the Court had looked into the record and after hearing both the sides did not find it a fit case where the relief could be granted. Counsel has tried to come up with the plea that in the wake of certain improvements the matter may be given a second look. But this Court has serious doubt about the maintainability of the second anticipatory bail application after the first having been rejected on merits already. Even otherwise the submissions that have been raised by the counsel for the applicant today before this Court are falling far too short in convincing this Court about any merits of the case.
Accordingly, the second anticipatory bail application also stands rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 27.11.2019 P.S.Parihar