RAJENDRA SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the accused applicant as well as learned AGA for the state and perused the FIR and other relevant papers filed in support of the Bail Application.

(2.) This is the second bail application, first of which was rejected vide order dated 2405.2012. on the ground that the Excise Inspector was travelling in Indica Car, which was hit by the accused applicant with intention to kill. The accused applicant was driving the Jeep and he is the son of licence holder, who is the mother of the accused applicant. This is not only a case of attempt to kill but is a challenge to the authority of the State.

(3.) The second bail application has been moved on the ground that five months have elapsed and nothing concrete has taken place in the case. There are similar allegations against all the accused persons and the co-accused Adalat Ram Shukla and Ashok Kumar Tiwari have been granted bail by the Learned Sessions Judge, Bahraich vide order dated 07.04.2012. The accused is in jail since 27.03.2012. Reliance was placed upon the judgment passed by the Hon'ble Apex Court in the case of Sanjay Chandra v. CBI, 2012 1 SCC 40, in which the Hon'ble Apex Court has held as under:-