MANOJ KUMAR TIWARI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Jyotindra Mishra, learned senior counsel for the applicant and learned Additional Government Advocate as well as Sri Purnendu Chakravarty, learned counsel for the informant.

(2.) The accused-applicant is in jail since 26.04.2016 in connection with Case Crime No. 181 of 2015 under Section 364/34 read with section 120-B of the I.P.C. of Police Station Kunda District Pratapgarh.

(3.) It is worth-mentioning that earlier the present bail application was allowed and accused-applicant Manoj Kumar Tiwari was granted bail by this court vide order dated 30.01.2017. However, against the said order the victim, namely, Devendra Pratap Singh had filed a criminal appeal bearing No. 2037 of 2017 corresponding to S.L.P. (Crl.) No. 3148 of 2017 in the Hon'ble Supreme Court. The aforesaid Criminal Appeal disposed of by the Hon'ble Supreme Court vide order dated 28.11.2017, whereby and whereunder the order dated 30.01.2017 passed by this Court has been set-aside and the case is remanded back to this court for reconsideration of bail prayer of the applicant. At paragraph No. 11 of the aforesaid order dated 28.11.2017, the Hon'ble Supreme Court has observed, as follows: