RAM BAHADUR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The applicant has made a request for bail for offence under S. 302, IPC Crime No. 28 of 2000, Police Station Aonla, District Bareilly. The first bail application was rejected on 30-10-2000. This is second application for bail.

(2.) The first ground argued by the learned counsel for the applicant is that the trial has not concluded and the applicant is in jail since last about 16 months. The detention of 16 months cannot be a ground for bail for an offence of murder. Therefore, the applicant is not entitled to bail on this ground.

(3.) The next ground taken is that the copy of the inquest report has been filed which is Annexure S.A. 1 which shows that the name of the accused has not been mentioned in it; it has been argued that, therefore, it should be presumed that the FIR was not in existence when the inquest report was prepared and that the applicant is, therefore, entitled for bail. It is contended that Mr. Justice P. K. Jain has granted bail in the case of Uma Shanker v. State of U.P. (2000) 2 UP Cr R 333 : 2000 All LJ 2539) on this ground.