Parvesh Kumar vs State Of U.P.
2017 Latest Caselaw 6797 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- CRIMINAL APPEAL No. - 4840 of 2014
 

 
Appellant :- Parvesh Kumar
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Raghuraj Kishore,Dharmendra Singhal,G.S. Hajela
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Saral Srivastava,J.

In Ref: Criminal Misc. Second Bail Application No. 342122 of 2016.

This is a second bail application. Sri Hajela contends that the probability of the circumstances pointing towards the applicant nowhere even remotely can be said to be a needle pointer of guilt of the applicant. He submits that even otherwise in the absence of any clinching evidence, the prosecution had utterly failed to discharge its burden proving the guilt beyond reasonable doubt. He therefore submits that the conviction of the appellant on such evidence was not only improbable but also impossible.

We have considered the submissions raised and while rejecting the first bail application taking a prima facie view of the matter, in view of the status of the applicant of that the husband's bail had been refused. There is no change in circumstances, so as to warrant entertaining the second bail application. The same is rejected.

Order Date :- 13.11.2017

Ishan