VEER PAL Vs. STATE OF U P

JUDGEMENT

(1.) WE have heard Sri Uttar Kumar Goswami, Advocate in support of this appeal and the learned AGA.

(2.) THIS is a second bail application. The first bail application of the appellant, Veer Pal was rejected by another Bench of this Court vide order dated 17.11.2005. After rejection of the bail prayer, the appellant has remained in jail for nearly three and half years more.

(3.) WITHOUT expressing any opinion on the merits of the matter but since we find that appeal is an arguable one and one of the accused has already been acquitted by the trial Judge believing his alibi and that the appellant has now been in jail for nearly three and half years, and that the appellant was on bail during the trial and he has not misused his liberty of bail granted to him earlier that we consider it appropriate to release the appellant on bail.