Dilshad Vs State of U.P.

Court No. - 48

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35356 of 2017

Applicant :- Dilshad Opposite Party :- State Of U.P. Counsel for Applicant :- Shashi Kumar Mishra,Dur Vijay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Karuna Nand Bajpayee,J.

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Heard learned counsel for the applicant and learned A.G.A. Perused the record.

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This second bail application has been filed seeking the release of the applicant on bail in Case Crime No. 242 of 2013, u/ss 394 and 302 IPC, Police Station Aliganj, DistrictEtah. First bail application was rejected by this Court on 1.12.2016, on merits.

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Perusal of the earlier bail rejection order shows that the prime reason for rejecting the earlier bail application was the commencement of the trial. The reason remains the same. It is very hazardous to give any finding on the basis of merit of evidence produced in the trial as it is likely to cause prejudice to either side. The matter is within the realm of the trial court. No fresh good ground is made out to release the applicant on bail. Suffice it to say that there is prima facie sufficient evidence available on record against the accused.

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In a case of this gravity along with the nature of evidence which is available on record against applicant, the detention of the applicant can also not be said to be so long drawn out which may constitute a legitimate ground enough to set him at liberty or may persuade the Court to grant him bail on that basis alone.

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In the aforesaid background, looking to the gravity of offence and the overall facts and circumstances of the case, the second bail application stands rejected.

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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.

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Order Date :- 18.5.2018 CPP/ -

Dilshad v. State of U.P.

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Dilshad v. State of U.P.

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