Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46482 of 2017 Applicant :- Shiv Pujan Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarwar Ali Siddique,Nazia Ilyas Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This second bail application has been moved on behalf of applicant Shiv Pujan Yadav seeking his release on bail in connection with Case Crime No.825 of 2014, u/s 147, 148, 149, 302, 307, 323, 504 and 506 I.P.C., Police Station-Bakhira, District-Sant Kabir Nagar. First bail application of the applicant has been rejected by this Court on 30.03.2017.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
The only submission pressed by the counsel for the applicant is that since the rejection of bail, the trial has not been completed but the counsel has been fair enough to concede that almost all important witnesses of fact have been examined, and therefore, on the ground of detention the applicant should be released on bail.
Learned A.G.A. has opposed the prayer for bail.
Perusal of the earlier bail rejection order indicates that as the trial was in progress therefore the Court was disinclined to pass any detailed order on the merits of the case in order to avoid any prejudice to either side. Suffice it to observe that there is prima-facie strong evidence against the applicant and no case on merits is made out at this stage. Moreover the matter is within the realm of the trial court and at this advanced stage of trial this Court does not deem it proper to enter into the merits again. So far as the detention period of applicant is concerned, in the matter of this gravity the period of detention cannot be said to be so long drawn out which by itself may legitimize the accused-applicant to be released on bail. Therefore, the second prayer for bail of the applicant is rejected.
Order Date :- 29.3.2018 M. Kumar