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2023 Supreme(All) 889

SAMIT GOPAL
Rajkaran Patel – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Ram Autar Verma, Amarjeet Singh, Vivek Mishra.
For the Respondent: Vinod Kumar Sahu.

JUDGMENT :

SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Ram Autar Verma, Sri Vivek Mishra and Sri Amarjeet Singh, learned counsels for the applicant, Sri Vinod Kumar Sahu, learned panel counsel for the High Legal Service Committee and Sri U.P. Singh, learned Additional Government Advocate for the State of U.P. and perused the records.

3. This second bail application under Section 439 of Code of Criminal Procedure, 1973 has been filed by the applicant Rajkaran Patel, seeking enlargement on bail during trial in connection with Sessions Trial No. 31 of 2022 (State vs. Rajkaran Patel and Others) arising out of Case Crime No. 198 of 2021, under Sections 366, 376, 354-A, 328, 323, 504, 506 IPC, registered at P.S. Civil Lines, District Prayagraj, pending in the court of learned Additional Sessions Judge-II/FTC, Allahabad.

4. The first bail application of the applicant was rejected by this Court vide order dated 26.05.2022 passed in Criminal Misc. Bail Application No. 48511 of 2021 (Rajkaran Patel vs. State of U.P.).

5. Learned counsels for the applicant argued that the present second bail application has although been filed on behalf of the applicant without any change in circumstances but the

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