RAHUL KUMAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) In view of the guidelines laid down by this Court, the urgent bail applications have been directed to be heard through Video Conferencing. Learned counsel for the applicant had made an application for urgency which was placed before the Hon'ble Senior Judge which has been allowed on 28.04.2020 and it is in this fashion that this bail application has been placed before this Court.

(2.) The Court has heard Sri Hemant Kumar Mishra, learned counsel for the applicant and Shri J.S. Tomar, learned AGA through video conference.

(3.) This is the second bail application. The learned counsel for the applicant has pointed out that earlier the bail application was moved before this Court and an order was passed on 10.04.2020, a copy of which has been annexed at Page 55 with the bail application, indicates that the Court by means of order dated 10.04.2020 had referred the matter to the high powered committee situated under the orders of the Apex Court in the suo-moto Writ Petition No. 1 of 2020 contagion of Naval COVID-19 Virus in person. In terms of the order dated 10.04.2020, the matter of the applicant was required to be considered by the high powered committee, however, it has been informed by Sri Hemant Mishra that despite having placed the order passed by this Court before the Committee concerned, no orders has been passed by the Committee and accordingly in the aforesaid circumstances, the instant second bail application has been moved especially where the earlier bail application was dismissed by the Court by observing that at this stage it is not considering the application of the applicant on merits.