MUKUND AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) N. L. Ganguly, J. This Is 2nd bail application in Case Crime No. 187 of 1993 under Section 302, I. P. C. , P. S. Sipri Bazar, Distt. Jhansi. The 1st bail application was heard by me and after exchange of affidavits between the applicant and the complainant-informants' counsel and perusal of the case diary, I was not satisfied that any case for bail was made out, hence the 1st bail application was rejected on 13th September, 1993.

(2.) THIS 2nd Bail application has been filed after fresh bail application on behalf of the applicant was rejected by the Sessions Judge by order dated 5-2-1994.

(3.) THE learned counsel for the applicant referred to the judgment dated 9-11-1993 given by the Chief Judicial Magistrate, Jhansi in a case under Sections 279, 338, 427, I. P. C. in which the prosecution case was that the accused applicant while driving away with the Maruti bearing No. UP 93/9115 involved in a car accident injuring Khayali Ram and his sala Munni Lal at 8 a. m. on the same date and near about the same time of occurrence of murder. THE case was tried by the C. J. M. , Jhansi. THE prosecution witnesses were won over and they turned hostile. With the result the C. J. M. acquitted the accused applicant in the case under Sections 279, 338 and 427, I. P. C. by the judgment dated 9-11-1993. THE incident of murder and the accident by car is said to be dated 15/16th April, 1993 and the trial of the car accident case was concluded and the judgment delivered within about 61/2 months of the incident. THE learned counsel for the complainant-opposite party and learned A. G. A submitted that the cases of 1985-86 and onward are pending before the C. J. M. and the other Magistrate at Jhansi and the case which had a bearing on the murder case was got finally decided and the accused acquitted within 6j months of the incident by winning over the witnesses who have turned hostile. It has also been argued that after the rejection of the 1st Bail application by this court, the court below was pleased to grant short term bail (parole) to the applicant and during that period, the accused-applicant and his family members managed to procure by winning over and tampering the pro secution witnesses and got their affidavits filed with the bail application moved on behalf of the applicant.