Criminal Misc. Bail Application filed by Babloo in a murder case. Application was rejected on the ground that delay in trial or recording of one witness statement was not a good ground to grant bail to the main accused in a murder charge under IPC.
Bail application rejected on ground that delay was not a sufficient ground for the main accused in a murder case.
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Court No. - 36
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5243 of 2021
Applicant :- Babloo Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties.
The present second bail applicant has been filed by the applicant in Case Crime No. 1452 of 2018, under Sections 302 & 506 I.P.C., Police Station- Highway, District- Mathura with the prayer to enlarge him on bail.
Only ground to press the second bail application of the applicant/accused Babloo is that the trial is getting delayed and the statement of only one of the witnesses/PW-1 in chief had been recorded on 17.3.2020.
After perusal of the order sheet, certified copy of which has been supplied in the Court, this Court does not find any good ground to enlarge the applicant on bail solely on the ground of delay in trial.
The first bail application has been rejected on 2.12.2019 noticing the fact that the applicant is main accused in the murder.
No good ground is made out. The second bail application is, accordingly, rejected .
Order Date :- 19.2.2021 Brijesh
2 issues framed by the court
Whether bail is a matter of right due to delay in trial in a murder case.
Whether delay in recording witness statement constitutes good ground for bail in murder case.
1 provisions across 1 enactments
Babloo
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
