KRISHNA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the appellants and the learned A.G.A. for the State of U.P.

(2.) THE appellant Sri Krishna moved second bail application no. 43599 of 2014 in criminal appeal no. 2001 of 2013, appellant Banbari and Rishipal have moved their second bail applications nos. 200936 of 2014 in criminal appeal no. 2001 of 2013, the appellant Satya Pal has moved his second bail application no. 200934 of 2014 in criminal appeal no.2130 of 2013, the appellants Buddhan Khan and Nihaluddin have moved criminal misc. second bail application no. 188663 of 2014 in criminal appeal no. 2130 of 2013 and the appellant Narsingh has moved criminal misc. second bail application no. 43591 of 2014 in criminal appeal no. 2130 of 2013. Both the criminal appeals i.e. criminal appeal no. 2001 of 2013 and criminal appeal no. 2130 of 2013 are connected. The appellants' first bail application has been rejected on 19.11.2013, therefore, all the second bail applications, as mentioned above, are being disposed of by a common order.

(3.) FROM the perusal of the second bail applications it appears that the grounds taken therein touching the merits of the case have already been considered at the time of disposal of the first bail application. It is a case in which four persons namely Rajeshwar Singh, Omendra Singh and Natthu Singh were forcibly taken away and they have been killed in the said incident, Shivdas and Smt. Rajeshwari had sustained injuries. The injured Smt. Rajeshwari has been examined before the trial court as P.W. 9. The gravity of the offence is too much. The case of the appellants is distinguishable with the case of the co -accused Raghunandan alias Rahurai, Ram Krishna, Kalua Pathan, Mangu, Banke, Jagdish, Omkar, Akhilesh and Netra Pal, who have been released on bail by this court on 19.11.2013. There is no ground to release the appellants on bail, therefore, the prayer for releasing the appellants Sri Krishna, Banbari, Rishipal, Satyapal, Bhuddan Khan, Nihaluddin and Nar Singh is refused.