The Single Judge rejected this second bail application in a murder case. Finding no subsequent development or new grounds and noting a dying declaration, the Court held the seriousness of the charge and severity of punishment precluded bail.
Bail application rejected; applicant to answer charge.
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Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48322 of 2018
Applicant :- Hazi Aleem Opposite Party :- State Of U.P. Counsel for Applicant :- Kameshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present second bail application seeking bail in Case Crime No.814 of 2012 u/s 452,302 IPC PS Sikandara District Bulandshahar. The first bail application was rejected by this Court vide order dated 19.5.2017.
Perusal of the record shows that no subsequent development or any new ground has been brought on record. There is also dying declaration of the deceased on record.
Moreover, looking to the seriousness of the allegation as made in the FIR, gravity of offence and the severity of punishment, no case for grant of any indulgence is made out.
Accordingly, the application for bail is rejected.
Order Date :- 5.4.2019 SP
2 issues framed by the court
Whether bail should be granted to the applicant in a murder offence given no new grounds.
Whether the seriousness of the allegations and severity of punishment preclude bail.
Hazi Aleem
State Of U.P.
Vipin Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
