ATUL SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.05 of 2007, under Sections 498-A, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Ghazipur, District Lucknow. The first bail application was rejected on 25.07.2008. This is a second bail application. Concededly several witnesses have already been examined including the doctor PW-6 whose statement has been brought on record. Learned counsel for the applicant submits that the doctor has admitted in his cross-examination that there is a possibility of the lady having committed suicide. The bail is vehemently opposed by the learned A.G.A. On the ground that ocular evidence should not be entered into at this stage, lest it may affect the final outcome of the trial. I find substance in the contention made from the side of the State. 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. On the request of the learned counsel for the applicant it is provided that the applicant may move bail application afresh before the court below, if he is so advised. At the same time it is made clear that anything mentioned in this order shall not have any bearing either way on the merit of the case or at the time of deciding second bail application, moved if any before the court below.