LAWS(ALL)-1999-12-12

DIRGAJ SINGH Vs. STATE OF U P

Decided On December 22, 1999
DIRGAJ SINGH Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) V K. Chaturvedi, J. Heard Sri G. S. Chaturvedi, learned Senior Advocate, as sisted by Sri Ramesh Sinha, for the ap plicant and the learned A. G. A.

(2.) THE first bail application of this applicant was rejected by this Bench vide a detailed order dated 30-7- 1999. THE fresh ground which has been taken by the learned counsel for the applicant in this second bail application has been men tioned in Paragraph No. 22 of the affidavit which is quoted as under:- "that is pertinent to mention here that the alleged recovery of contraband article is alleged to have been recovered from House No. 108/9a, Ramanand Nagar, Allahpur whereas the house number of applicant is 109/9a, Ramanand Nagar, Allahpur, Police Station George Town, District Allahabad. "

(3.) IT has been further argued by the learned counsel for the applicant that the coaccused Prem Shanker, who was also said to have been arrested along with the applicant has already been granted bail by another Bench of this Court on 5th August, 1999, a copy of which has been annexed as Annexure No. 2 to the second bail application. Learned counsel for the applicant has placed reliance upon a decision of Hon'ble the Supreme Court reported in State of Punjab v. Baldev, 1999 (39)ACC349 (SC ).