Advocates:
['BRIJESH SAHAI', '', 'ANSHUMAN VIDHU CHANDRA', 'VIDIT NARAYAN MISHRA', 'LOK NATH SHUKLA', 'G A', '', 'SATISH KUMAR TYAGI']

Court No. - 46

Case :- CRIMINAL APPEAL No. - 6861 of 2017

Appellant :- Preetam And 2 Others

Respondent :- State of U.P.

Counsel for Appellant :- Brijesh Sahai,Anshuman Vidhu

Chandra,Vidit Narayan Mishra

Counsel for Respondent :- G.A.,Satish Kumar Tyagi

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vikas Kunvar Srivastav,J.

Order on Criminal Misc. Second Bail Application No.02 of

2021

The second bail application of the appellant Ishwar @ Isue son

of Meharchandra is being pressed on the plea of long

incarceration of the appellant for about a period of 13 years.

The first bail application of all the three appellants had been

rejected vide order dated 17.12.2018 noticing that the medical

evidence corroborates the ocular version of the first informant.

We may further note that the first informant and another eye

witness were accompanying the deceased Rajiv, who was killed

by the three appellants herein. The evidence of eye witnesses

could not be impeached by the counsel for the appellant.

Further, we may note that the paper book is ready and the

appeal is ripe for hearing. On the asking of the Court, Sri Vidit

Narayan Mishra, learned Advocate appearing for the appellant

no.2, Ishwar @ Isue states that he has no instructions to argue

the appeal finally.

Learned A.G.A. has opposed the prayer for bail.

We do not find any justification to postpone the hearing of the

appeal. Even otherwise no merit is found in the bail prayer of

the appellant Ishwar @ Isue on the mere long period of the

incarceration as he has been convicted under Section 302 I.P.C.

The second bail application is accordingly, rejected.

Order on Appeal

Paper book is ready.

The appeal be listed for hearing in due course.

Order Date :- 12.4.2022

Saurabh

Digitally signed by SAURABH

VERMA

Date: 2022.04.12 16:10:30 IST

Reason:

Location: High Court of Judicature at

Allahabad