GHOOREY SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BY this application Ghurey Singh, who Is accused of committing of offences punishable under Sections 302, 307, 452, 325, 147, 148, 149 and 436 IPC prays that he may be directed to be enlarged on bail, during the pendency of his trial in the court below.

(2.) THE applicant along with his co -accused Hukma had, on an earlier occasion also, applied for similar relief by means of Criminal Misc. Bail Application No. 4674 of 1984 but the prayer made by him was refused by this Court, vide order dated 12th of September, 1984. The applicant seeks justification for moving this second application for the same relief by contending that he is doing so on fresh grounds.

(3.) WHILE the police was still investigating the case, three of the co -accused with the applicant, namely, Chhittar, Rati Ram and Sheo Ram filed Cr. Misc. Bail Application No. 3679 of 1984. dated 25th of April. 1984 before this Court on Nth of May, 1984 and prayed that they may be directed to be released on ball. The learned Judge before whom the application came up for orders, after taking into consideration the rival verslomi set up by the concerned parties as also existence of Injuries on both the sides, made an order dated 17th of May, 1984 directing that the three accused be released on bail. Thereafter applicant Ghurey Singh alone with co -accused Hukma, presented Criminal Misc. Bail Application No. 4074 of 1984, dated 19th of May, 1984 before this Court, on 6th of June. 1984 and on 7th of June, 1984, they were admitted to ball by another learned Judge of this Court.