Krishna Shankar vs State of U.P.

Ravindra Singh, J.—Heard Sri Kailash Prakash Pathak, learned Counsel for the applicant and learned A.G.A. for the State of U.P.

This is the I Vth bail application filed by the applicant Krishna Shankar in Case Crime No. 447 of 2005 under Sections 307, 302 and 120B, I.P.C., P. S. Madhuban, district Mau. The Criminal Misc. First Bail Application No. 21412 of 2005 has been rejected by Hon''ble C. P. Mishra, J., on 8.12.2005. The Criminal Misc. Second Bail Application No. 14934 of 2006 has been rejected by this Court on 11.8.2006 after considering the merits of the case. The Criminal Misc. Third Bail Application No. 23103 of 2006 has also been rejected by this Court on 16.11.2006. Subsequently, the applicant was released on short term bail for a period of one month vide order dated 9.3.2007. Again the applicant was released on short term bail for a period of one month vide order dated 22.12.2006 and applicant was again released on short-term bail for a period of one month vide order dated 4.6.2007. The applicant was released on short term bail on the ground of illness of his wife only to provide proper medical aid to her ailing wife.

It is contended by learned Counsel for the applicant that applicant has been released on bail for four times by this Court. He has not misused the liberty of bail and trial is not likely to conclude in near future because one Dr. Zubair Siddiqui P.W. 7 who examined the injured is out of country. The witness of the fact have been examined. There is no scope for the applicant to tamper with the evidence and applicant has shown good conduct during the period of his release on short term bail, therefore, the applicant may be released on bail.

In reply of the above contention it is submitted by learned A.G.A. that on merits the bail application of the applicant has been rejected. The witnesses of the facts have been examined by the trial court. The trial is at the stage of conclusion and there is no good ground on which the applicant may be released on bail.

Considering the facts and circumstances of the case and submission made by learned Counsel for the applicant, learned A.G.A. and from the perusal of the fourth bail application it appears that three bail applications have already been rejected after considering the merits of the case. The ground taken by the applicant that applicant has not misused the liberty of the bail when he was released on short term bail, it may be one of the consideration alongwith the merits of the case but it alone cannot be a good ground for releasing the applicant on bail. The trial is at the stage of the conclusion, the applicant is not entitled for bail. Therefore, the prayer for bail is refused.

Accordingly, this bail application is rejected.