AKHILESH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is an accused in Crime No. 311/2002 registered for the offences under Sections 302 and 395 read with Section 120-B of the Indian Penal Code (IPC). The appellant moved bail application before the Sessions Court and the same was rejected on 18.10.2002. Thereafter, the appellant moved another bail application on 29.10.2002 and the same was allowed on 7.11.2002. Aggrieved by the same, the second respondent herein filed a criminal miscellaneous case before the High Court of Allahabad, Lucknow Bench. By the impugned order, the High Court set aside the order passed by the Sessions Judge granting bail to the appellant. The main reason given by the learned Single Judge of the High Court in cancelling the bail granted to the appellant is that the first bail application was rejected on valid grounds and just 19 days after the rejection of the first bail application, the appellant herein had no ground to urge for bail as there was no change in circumstances. It was also pointed out that whatever grounds urged in the second bail application could have been stated in the first bail application and the reasons given for grant of bail by the Sessions Judge in the second bail application were in utter violation of the settled principles of judicial propriety.

(3.) We have heard the learned counsel appearing for the parties.