OMKAR Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri S.P.S. Raghav, senior advocate assisted by Sri Ghanshyam Joshi and Sri Anil Raghav learned counsel for the applicant, learned A.G.A. for the State of U. P. and Sri Satish Trivedi, senior advocate, assisted by Sri Pankaj Yadav and Sri G. K. Yadav, learned counsel for the complainant.

(2.) THIS is the second bail application moved by applicant Omkar with a prayer that he may be released on bail in case Crime No. 238 of 2007, under Sections 147, 148, 149, 324, 307, 323 and 302, I.P.C., P. S. Kundarki, district Moradabad. Criminal Misc. First Bail Application No. 16525 of 2006, has been rejected by this Court on 4.9.2006 after considering the merits of the case.

(3.) CONSIDERING the facts and circumstances of the case and submission made by learned counsel for the applicant and learned A.G.A. and from the perusal of the record it appears that applicant is not entitled to get the benefit of parity with the co-accused Visesh and the trial of this case is in progress. There is no new ground for releasing the applicant on bail. All the grounds taken in the second bail application touching the merits of the case have already been considered at the time of the disposal of the first bail application, therefore, the applicant is not entitled for bail. The prayer for bail is refused. Accordingly, this application is rejected.