The court rejected the second bail application of the accused in a murder case, holding there were no additional grounds as adverse witness testimony requires minute analysis to avoid prejudice. The trial was directed to be expedited.
Second bail application rejected; trial directed to be expedited under Section 309 Cr.P.C.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11461 of 2020
Applicant :- Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over 2nd bail application moved by accused-applicant, Pushpendra, in Case Crime No. 289 of 2017 (S.T. no. 232 of 2018), under Sections 302, 34 IPC, Police Station Dadon, District Aligarh.
Learned counsel for the applicant argued that additional ground for this second bail, is testimony recorded as of PW-1 Dharm Singh and PW-2 Kishan Pal whereas there is variation in the statement with regard to alleged occurrence; he is languishing in jail since 09.12.2017 and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. Hence, second bail has been prayed for.
Learned AGA has vehemently opposed with this contention that first bail application was decided on the basis of evidence place on record and additional ground of testimony recorded before trial court as of PW-1 and PW-2 is also not of this fact that both of witnesses have been hostile to prosecution, minute analyze of testimony is not to be made for avoiding any prejudice to fair trial.
Having heard learned counsel for both sides and gone through materials on record, there appears no additional ground for bail.
Accordingly, this 2nd Bail Application stands rejected.
However, trial court is being directed to expedite trial, strictly, with adherence of provision of Section 309 Cr.P.C.
Order Date :- 22.12.2021 Dhirendra/
1 issue framed by the court
Whether a second bail application admits an additional ground based on variation in witness statements prior to trial.
1 provisions across 1 enactments
Pushpendra
State of U.P.
Ram Krishna Gautam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
