SHAUKAT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned A.G.A. and perused the record. This is second bail application made on behalf of the accused applicant Shaukat. His first bail application has already been rejected on merit by order dated 24.1.2012.

(2.) THIS second bail application has been pressed on following two grounds: Firstly, that under similar circumstances co accused Kadir Pahalwan @ Kaddan and Mama @ Azad have been granted bail by different Benches of this Court. Secondly that the applicant is in jail since 13.9.2010. The charge under section 364 I.P.C. was framed against him on 1.4.2011. Till date P.W. 1 was examined in chief on 19.10.2011. His examination in chief was not completed by the prosecution and thereafter dozen of dates have been fixed up by the court but the prosecution has not been able to produce either of the witnesses against the accused.

(3.) LET the applicant Shaukat involved in case Crime No. 268 of 2010 under sections 364 I.P.C., police station Baniyather, District Moradabad be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.