This court dismissed a third bail application by Saleem in an attempt to murder case. The judge rejected the plea relying on prior merits-based rejections and the gravity of the injury, finding no fresh grounds for release.
Bail application dismissed; applicant remains in detention.
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Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22741 of 2017
Applicant :- Saleem Opposite Party :- State Of U.P. Counsel for Applicant :- A.C.Srivastava,Pulak Ganguly Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This third bail application has been moved on behalf of applicant Saleem seeking his release on bail in connection with Case Crime No.650 of 2014, u/s 307, 452, 506, 34 I.P.C., Police Station-Sahibabad, District-Ghaziabad. First and second bail applications of the applicant have been rejected on merits vide orders dated 2.12.2015 and 30.8.2016 respectively.
Heard learned counsel for the applicant and learned A.G.A.
Perused the record.
Counsel for the applicant has once again tried to reiterate the merits of the case and has tried to show that since the rejection of bail the trial has not made any substantial progress, 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 earlier bail rejection order shows that the merits of the case have been gone into in detail and the Court did not found it fit to release the applicant on bail. Merits of the case cannot be revisited again and again by the court just because some time has further elapsed. This is a case in which the gun shot caused to the victim has gone through and through causing entry and exit wounds and the ribs of victim also got fractured as a result of the fire. In a case of such gravity of the offences, the period of detention cannot be said to be so long drawn out which may constitute a ground to release the applicant on bail. Counsel has not been able to point out any good convincing fresh ground on the basis of which this Court may feel persuaded to release the applicant on bail.
The third bail application of the applicant stands dismissed.
Order Date :- 1.5.2018 M. Kumar
1 issue framed by the court
Whether the applicant is entitled to release on bail given the gravity of charges including attempted murder and the lack of substantial trial progress.
Saleem
Karuna Nand Bajpayee
As recorded by the court registry
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