KRISHNA KANT Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr Viresh Mishra, learned Senior Counsel assisted by Mr M. K. Pandey, learned counsel for the applicant and Mr Amit Singh, learned counsel for the informant and learned AGA are present.

(2.) This is second bail application moved on behalf of the applicant. The first bail application of applicant was heard and rejected by this Court vide order dtd. 21/11/2019 passed in Criminal Misc Bail Application No. 51273 of 2019. Thereafter, one of the co accused, namely, Anil @ Badela has filed Special Leave Petition (Criminal) Diary No. 13477 of 2020 against the order dtd. 21/11/2019, before Hon'ble Apex Court, which has also been dismissed vide order dtd. 20/7/2020.

(3.) The present second bail application has been filed on the new ground that two of the witnesses of last seen, namely, Om Prakash (P.W.-1) and Ramesh Chandra (P.W.-2) have been examined before the Trial Court but they have not supported the prosecution case and they have been declared hostile. It is further submitted that informant namely, Madan (P.W.-3) has also been examined, who has also not supported the case before the Trial Court and there is remote possibility of conviction and also there no likelihood of earlier conclusion of the trial, hence the applicant may be released on bail on these grounds.