Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16430 of 2019 Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
List has been revised.
None appears to press this application on behalf of applicant despite repeated calls.
This application has been filed seeking the release of the applicant on bail in Case Crime No. 158 of 2018 under Sections 498-A, 304-B IPC and 3/4 Dowry Prohibition Act, Police Station Ushait, District Badaun.
Record of the case including the bail rejection order has been perused. Learned A.G.A. who is present has also been heard.
There does not appear any such glaring material favouring the accused on the basis of which it may be said at this stage that the accused is entitled for bail. Prayer for bail therefore stands rejected.
However, it may be observed that as this order of bail rejection is being passed in the absence of counsel, who has chosen not to appear before the Court even in the revised call, therefore, the accused or his counsel will have the liberty to move another bail application and place before the Court such submissions and bring out such material which he thinks may make out a case for bail in favour of accused. If any such second bail application is moved, the same shall be adjudicated upon afresh on the basis of merits of the submissions made before the Court without any prejudice and it shall be well kept in perspective that this first bail application has been dismissed without hearing the counsel for the reason of his non appearance.
Order Date :- 31.7.2019 SKS