A Delhi Court has observed that bail applications cannot be successively filed only to try one's luck after passage of time.
ASJ Ashish Aggarwal has passed the order in the case titled as State Vs. Irfan @ Gandhi @ Dada & Ors.on 23.09.2019.
It is argued that the applicant is innocent; that the applicant is in judicial custody since 08.09.2017; that nothing incriminating evidence has been come out against the applicant; that coaccused Faiz @ Monu has been granted bail by this Court by order dated 17.02.2018 and therefore bail may be granted to the applicant also. Ld. Addl. Public Prosecutor has opposed the application for bail. He submits that the applicant has committed the offence punishable under Section 304 of IPC; that the offence is serious; that PW1 Mohd. Kashif has supported the case of the prosecution; that previous applications for bail have been dismissed by this Court by orders dated 19.03.2018 and 01.04.2019; that the applicant may abscond to avoid punishment; that PW1 Kashif had correctly identified the applicant as the offender.
As per allegations, the applicant and his coaccused in furtherance of their common intention gave beatings to one Abdul Majid by fist and leg blows and forcefully caused him to fall on the road which resulted in the death of Abdul Majid on 15.09.2017. The applicant had earlier filed an application for bail which was dismissed by order dated 19.03.2018.
The Court observed "All the above grounds continue to apply. The contentions of Ld. Counsel for applicant that have been advanced today were available to the applicant at the time of hearing of previous application for bail. Yet, the application for bail did not find favour. I find no ground to take a different view than the one already taken. Bail applications cannot be successively filed only to try one's luck after passage of time".
Then the Court held "In view of the aforesaid reasons which continue to subsist, I find no ground to grant bail".
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