Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27792 of 2017 Applicant :- Vijay Pal Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Mishra,Ashutosh Kumar Mishra Counsel for Opposite Party :- G.A.,Anil Kumar Srivastava
Hon'ble Karuna Nand Bajpayee,J.
This fourth bail application has been filed seeking the release of the applicant on bail in Case Crime No. 225 of 2011, under Sections 302, 201,34 I.P.C., Police Station Chandaus, District Aligarh. The first and second bail applications were rejected by another Bench of the High Court on 9.4.2012 and 24.1.2013 respectively. The third bail application was also rejected by this Court on 6.10.2015.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
A perusal of the third bail order dated 6.10.2015 shows that it was primarily rejected on the basis that the trial is already in progress and it is likely to cause prejudice to the out-come of the trial if this Court proceeds to evaluate and weigh the evidence produced in the trial. The matter is within the realm of the court to go into it and arrive at the findings of innocence or guilt of the accused. Suffice it to say that there is sufficient prima facie evidence available against the accused and in such circumstances, this Court does not see any such good ground which may persuade this Court to enlarge the applicant on bail.
In the aforesaid background, looking to the gravity of offence and the overall facts and circumstances of the case and especially keeping in view the fact that the trial is already in progress, the fourth bail application 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 :- 26.2.2018 CPP/-