Prempal & Others vs State Of U.P.
2018 Latest Caselaw 1555 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 
Criminal Misc. IIIrd Bail Application No. 242162 of 2014
 
In
 

 
Case :- CRIMINAL APPEAL No. - 7177 of 2011
 

 
Appellant :- Prempal & Others
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- K.D. Tiwari,Akhilanand Mishra,Arvind Singh,Ashwini Kumar Awasthi,B.K.Singh Raghuvanshi,I.K. Chaturvedi,Manish Tiwary
 
Counsel for Respondent :- Govt. Advocate,Amit Singh Chauhan
 

 
Hon'ble Amreshwar Pratap Sahi,J.

Hon'ble Bachchoo Lal,J.

Heard Sri Atharv Dixit holding brief of Sri Manish Tiwary, learned counsel for the appellants.

This is a 3rd bail application on behalf of the appellant no. 4.  The bail application of all the four appellants had been rejected on 18th October, 2012.  The 2nd bail application was dismissed for want of prosecution on 12th October, 2013.  This 3rd bail application has been filed on 25th July, 2014 about four years ago.  Today learned counsel for the appellants is seeking an adjournment.  We are not prepared to adjourn the matter and keep this application pending. 

The ground taken in paragraph 4 and 5 of the application is that the appellant is in jail since 5.12.2011. There was no recovery of the motorcycle of the deceased nor blood stains was found that reflects a great doubt about the version of the prosecution version. The merits of the matter has already been considered while rejecting the 1st bail application and therefore, we do not find any such new ground available except for the period of detention since 5.12.2011.

Keeping in view the gravity of the offence, nature of the allegations and the involvement of the accused-appellants we find no reason to extend any benefit in this 3rd bail application on the ground of period of detention which is accordingly rejected.

Order Date :- 16.7.2018

Masarrat