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Judgment
17 paragraphs · 306 wordsRajeev Kumar Shrivastava, J
This is second application under Section 439 of CrPC for grant of bail. The applicant has been arrested on 27/12/2018 in connection with Crime
No.194/2018 registered at Police Station Naisarai, District Ashoknagar for offence under Sections 302, 394, 397, 396 and 120-B of IPC and Section
25/27 of Arms Act.
It is submitted by learned counsel for the applicant Ranjeet that this is second bail application of the applicant. First application was dismissed as
withdrawn at the very outset. Now, six prosecution witnesses have been examined before the trial Court and no one has stated against the present
applicant. In his evidence, Sunil Raghuvanshi has given contradictory statement with regard to present applicant. It is further submitted that the
applicant is in jail since last two years and three months and there is no evidence against him. Hence, prayed for grant of bail to the applicant.
Per contra, learned counsel for the State opposed the submissions made by learned counsel for the applicant and has submitted that this is a case of
double murder wherein murder was committed by means of firearm. In case of grant of bail to the applicant, there is ample possibility of tampering
with the prosecution evidence. Hence, prayed to reject the bail.
Heard learned counsel for the rival parties and perused the materials available on record.
The case against the present applicant is registered under Sections 302, 394, 397, 396 and 120-B of IPC and Section 25/27 of Arms Act wherein two
persons have been murdered, therefore, looking to the nature as well as gravity of offence, at this stage, this Court is not inclined to grant bail to the
applicant.
Hence, without commenting on merits of the case, the application is rejected.
A copy of this order be sent to the trial Court concerned for information.
