2008 Supreme(All) 2350

[2008(9) ADJ 9 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : B.A. ZAIDI AND VIJAY KUMAR VERMA, JJ.
DHARAMPAL AND OTHERS ...............Appellants (In Jail)
Versus
STATE OF U.P. ..............Opposite Party
(Criminal Misc. 2nd Bail Application No. 100178 of 2008 In Criminal Appeal No. 8119 of 2007, decided on 18th October, 2008)

Headnote:Criminal Procedure Code, 1973—Section 439—(Indian) Penal Code, 1860—Sections 302/34 and 304—Second bail application—Consideration of—Ist bail application of all appellants was considered by Division Bench—Whereby appellants `D’ and `S’ were admitted to bail—But prayer for bail of applicant/appellant `R’ was rejected—Contention that if entire prosecution version is accepted to be true on its face value—Case would not travel beyond Section 304 of IPC—Thus, on this ground applicant is entitled to be released on bail—Held, offence under Section 304 of IPC is not bailable—Then said contention not acceptable—No justified ground to release applicant/appellant on bail—Second bail application devoid of merit.

       Application Rejected.