KALLU GADDI Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavits filed today are taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.1599 of 2007, under Section 302 I.P.C., Police Station Kotwali Sitapur, District Sitapur. It is said that the applicant is languishing in jail from 11.04.2008. The trial must have started by now. There is also a criminal history of nine cases against the applicant including few cases under Section 302 and other Section 307 I.P.C. It has not been averred in rejoinder affidavit that the applicant is on bail in those serious cases. 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.