Madan v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20336 of 2017

Applicant :- Madan Opposite Party :- State Of U.P. Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A.,Atul Kumar

Hon'ble Bachchoo Lal,J.

Supplementary affidavit filed on behalf of the applicant, is taken on record.

None is present for the complainant even in the revised list.

This is second bail application of the applicant Madan who is involved in Case Crime No. 227 of 2015, under section 302, 34 IPC, P.S. Shamli, District Shamli. The Ist bail application of the applicant was rejected on merit by this court vide order dated 27.5.2016.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submitted that the applicant is languishing in jail since 24.7.2015. The prosecution has not adduced any witness till date. It has further been submitted that there was no motive to the applicant to commit the alleged offence. This is night incident around 10:30 P.M. and there is no source of light at the place of alleged occurrence and there was no question of recognizing the persons involved in the incident. It has further been submitted that in forensic report it has come that the Katta recovered on the pointing out of applicant was not used in the alleged incident. The applicant has not committed the alleged offence. The criminal history of the applicant has been explained in para 21 of the affidavit filed in support of bail application.