IRFAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Tiwary, learned Senior Counsel assisted by Sri Raghuvansh Misra, learned counsel for the applicants, Sri N.I. Jafri, learned Senior Counsel assisted by Sri Khalid Mahmood, learned counsel for the informant and learned AGA for the State.

(2.) This is a second bail application. Earlier, the first bail application being Criminal Misc. Bail Application No.23105 of 2019 filed by the present applicants Irfan and Furkan came to be rejected by this Court vide order dtd. 28/11/2019. Since the arguments advanced in the present application do arise in part on the observations made in that order, it may be fruitful to extract that order in entirety. Thus, it is quoted below:-

(3.) In the present second bail application, it has been pointed out that there has been change of circumstance since the first bail came to be rejected on 28/11/2019 entitling the applicants to bail on ground of such change. Thus, it is submitted, in the first place, the Court was not entirely right in observing that the material collected during further investigation was not existing on record. Here reliance has been placed on the order dtd. 9/5/2018 passed by the CJM Meerut wherein it was clearly observed that the material submitted by the Investigating Officer along with supplementary chargesheet pursuant to the order passed by the SP Meerut dtd. 29/8/2017, was placed on record. At that time, the matter had been committed to the Court of Sessions, and therefore, there was no discretion or jurisdiction remaining with the CJM except to allow such a material to be placed on record.