BABU SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioners have moved for bail setting out special grounds in support of the prayer. The State opposes on various grounds which we will presently set out. Once of us sitting as a Chamber Judge* had considered this question at some length and since the principles set out therein commend themselves to us. we are proceeding on the same lines and are inclined to reach the same conclusion.

(2.) Briefly we will state the facts pertinent to the present petition and prayer and proceed thereafter to ratiocinate on the relevant criteria in considering the interlocutory relief of bail. Right at the beginning. we must mention that, at an earlier stage, their application for bail was rejected by this Court on September 7, 1977, But an order refusing an application for bail does not necessarily preclude another, on a later occasion, giving more materials, further developments and different considerations. While we surely must set store by this circumstance, we cannot accede to the faint plea that we are barred from second consideration at a later stage. An interim direction is not a conclusive adjudication, and updated reconsider ration is not overturning an earlier negation. In this view, we entertain the application and evaluate the merits pro and con.

(3.) Shri R. K. Jain has brought to our notice certain significant factors which frown upon continuance of incarceration and favour provisional perhaps conditional, enlargement of the applicants.