Sipattar vs State Of U.P.
2023 Latest Caselaw 16965 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Court No. - 44
 

 
Case :- CRIMINAL APPEAL No. - 5257 of 2019
 

 
Appellant :- Sipattar
 
Respondent :- State of U.P.
 
Counsel for Appellant :- Apul Misra,Saurabh Yadav
 
Counsel for Respondent :- G.A.,Purushottam Pandey
 

 
Hon'ble Dr. Kaushal Jayendra Thaker,J.

Hon'ble Umesh Chandra Sharma,J.

(Order on Criminal Misc. Second Bail Application No. 5 of 2021)

Heard learned counsel for the accused-appellant and learned A.G.A. for the State and perused the record.

This bail application has been moved on behalf of the accused appellant- Sipattar with a prayer to release the accused appellant on bail in S.T. No. 417 of 2016, arising out of Case Crime No. 459 of 2016, under Section 302 IPC, Police Station Madnapur, District Shahjahanpur.

The first bail application of the accused-appellant has been dismissed by assigning cogent reasons. The paper-book is ready. We, therefore, not inclined to entertain this second bail application on the basis of judgment of the Apex Court in Criminal Appeal No.308 of 2022 (Saudan Singh vs. State of U.P.) decided on 25.2.2022. The period of incarceration have been looked into; the reasonings given by earlier Bench, there are no new circumstances which have been pointed out by the learned counsel for the appellant who is the husband of the deceased.

In that view of the matter, this second bail application of the accused-appellant Sipattar is rejected.

(Order on Appeal)

List the matter for final disposal on 03.08.2023.

The learned counsel for the accused-appellant to collect paper-book, if yet not collected.

Order Date :- 3.7.2023

PS