Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50386

of 2022

Applicant :- Avnish Kumar Upadhyay

Opposite Party :- State of U.P.

Counsel for Applicant :- Shashi Dhar Goswami,Pradeep

Kumar Rai

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard Shir Kamal Singh, learned Senior counsel assisted by

Shri Pradeep Kumar Rai, learned counsel for the applicant as

well as the learned AGA for the State and perused the material

placed on record.

The instant bail application has been filed on behalf of the

applicant, Avnish Kumar Upadhyay, with a prayer to release

him on bail in Case Crime No 161 of 2020 under Sections

302, 201, 404, 411 IPC, Police Station- Duddhi, District-

Sonbhadra, during pendency of trial.

This is the second bail application. The first bail application of

the applicant was rejected by coordinate bench of this court on

09.012.2021 which is not available now..

Learned counsel for the applicant has submitted that there are

20 witnesses detailed in the charge-sheet, but only 3 have been

examined. The informant has been examined as P.W.-1 who has

stated that the F.I.R. was dictated by the inspector and

whatever he said was written by him