RAJESH Vs. STATE OF U P

JUDGEMENT

(1.) J. C. Gupta, J. Counter-affidavit filed on behalf of the complainant is taken on record.

(2.) HEARD applicant's counsel, the learned A. G. A. and Shri J. B. Singh ap pearing for the complainant. This is second bail application. First bail applica tion has already been rejected on merits by the order dated 7-11-1998.

(3.) IN the circumstances the proceed ing agency alone cannot be blamed for this delay, and to some extent the defence it self was guilty of the same. The learned Ses sions Judge has also not proceeded with the trial in accordance with the provisions of Section 309 Cr. P. C. which required that the evidence in the Sessions trial shall be recorded in continuation without any break on day to day basis.