Shakeel v. State of U.P.
Case brief
What is this about?
The court rejected the second bail application as no new ground was presented, citing the Supreme Court decision in Kalyan Chandra Sarkar. The trial court was directed to expedite the trial.
What did the court decide?
The second bail application was rejected. The trial court is directed to expedite the trial.
What the court decided
Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7973 of 2019
Applicant :- Shakeel Opposite Party :- State Of U.P. Counsel for Applicant :- Suresh Dhar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., and perused the record.
This second bail application has been moved by the applicant Shakeel who is involved in Case Crime No. 320 of 2017, under Sections 376 I.P.C., and Section 3/4 POCSO Act, Police Station-Bramhpuri, District-Meerut.
The first bail application was rejected on merit by Bench of this Court vide order dated 12.1.2018. Nothing new has been argued in this matter.
Per contra, learned A.G.A. contended that there is no new ground to entertain the second bail application moved on behalf of the applicant.
In view of decision of Hon'ble Supreme Court in Kalyan Chandra Sarkar Vs. Rajesh Ranjan @ Pappu Yadav and anr., 2004 7 SCC 528 (II) , there is no new ground to entertain the second bail application.
Issues for consideration
1 issue framed by the court
Whether a second bail application can be entertained when nothing new has been argued and the Supreme Court has laid down the principle in Kalyan Chandra Sarkar.
Parties & counsel
- applicant
Shakeel
Coram
Umesh Chandra Tripathi
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · July
- Registered
- Case no.
- BAIL/7973/2019
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