ALOK KASHYAP Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicants, learned A.G.A. and perused record. The applicant is involved in Case Crime No.143 of 2007, under Sections 302, 120-B, 307 I.P.C., Police Station Tahkurganj, District Lucknow. The first bail application has already been rejected vide order passed in Criminal Miscellaneous Case No.5389 (B) of 2007. This is second bail application. From the perusal of the rejection order dated 24.03.2009 it comes out that the trial has started and one witness has already been examined in this case. Therefore it would not be proper to enter into the merit of the case at this stage, lest it may affect the final outcome. The bail is vehemently opposed by the learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected at this stage.