RAMESH TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is second bail application moved on behalf of the accused applicant. Earlier this application was put before the Hon'ble Aditya Nath Mittal, J on 15.4.2014. Keeping view of the fact that first bail application was rejected by Hon'ble Zaki Ullah Khan, J. on 23.4.2014 on merits, it is directed that bail application be listed before appropriate Bench in the next week. On 30.5.2014, application was put before Hon'ble Zaki Ullah Khan, J. who has released this application and ordered to be listed it before appropriate Bench in the second week of June, 2014. As such, this application has come before this Bench.

(2.) I have heard learned counsel for the appellant/applicant, learned A.G.A. for the State of U.P. and learned perused the material available on record.

(3.) LEARNED Counsel for the appellant submits that scriber of the alleged F.I.R. Mohd. Kalid has not been examined as witness in the court whose evidence was very much material about the time and place of alleged arrest of the appellant, copy of the alleged G.D. Rapat has not been proved by its author Vinod Singh,though he was posted in District Lucknow though at the time of the trial. P.W. 5 Durgesh Mishra has deposed that he has arrested the accused persons including the appellant on 28.10.2008 at 12:35 p.m.