Court No. - 51

Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 1005 of 2018

Applicant :- Rakesh

Opposite Party :- State Of U.P.

Counsel for Applicant :- Ghan Shyam Das,Sri Kamal Krishna

Counsel for Opposite Party :- G.A.,Kamlesh Kumar Dwivedi

Hon'ble Vipin Sinha,J.

Supplementary affidavit filed today in the Court, is taken on record.

Heard Sri Kamal Krishna, learned Senior Counsel, assisted by Sri Ghan

Shyam Das, at great length, learned counsel for the applicant, Sri Kamlesh

Kumar Dwivedi, learned counsel for the complaint and Sri Yogeshwar Rai,

learned AGA appearing for the State.

This is a second bail application moved on behalf of applicant praying to

enlarge the applicant on bail in Case Crime No.363 of 2015(S.T. No.503

of 2016), under Sections 302, 506, IPC, Police Station Jagdishpura,

District Agra.

This is the second bail application moved on behalf of the applicant. The

first bail application was rejected on 20.03.2017.

The counsel for the applicant has pressed this second bail application

solely on the ground that till date the trial has not yet been concluded and

the witnesses are not appearing before the court concerned.

Perusal of record shows that no subsequent development or new ground

has been brought on record. The applicant is main shooter. Specific role of

firing has been assigned to the applicant. Eye witness account is present,

hence, no case for grant of indulgence is made out.

In view of the above, no case for grant of any indulgence is made out.

Accordingly, the bail application is hereby rejected.

However, it is being made clear that in case the witnesses are not

appearing before the court concerned, inspite of the non-bailable warrant,

the District Magistrate and the SSP concerned are directed to ensure the

presence of the witnesses before the court concerned.

Order Date :- 17.5.2019/VKG