Uttarakhand High Court
Nitin Kumar vs State Of Uttarakhand on 17 July, 2018
Author: Lok Pal Singh
Bench: Lok Pal Singh
BA2 No. 50 of 2018 Hon'ble Lok Pal Singh , J.
Mr. Vivek Shukla, Advocate for the applicant.
Mr. J.S. Virk, Assistant Government Advocate for the State.
Heard learned counsel for the parties.
The present Second Bail Application has been filed by the applicant seeking regular bail in connection with Case Crime No.230 of 2017 for the offence punishable under Sections 302, 307, 34 of I.P.C. registered at P.S. Pathri, District Haridwar.
The first bail application No.460 of 2018 was filed by the applicant for seeking regular bail in the above said case.
After arguing the bail application at length, the learned counsel for the applicant, Mr. Vivek Shukla confined his prayer that his bail application be considered as a short-term bail application as otherwise the Court was not inclined to give the regular bail.
He contended that the regular bail application be considered as a short- term bail application as the mother of the applicant has passed away and he has to perform the last ritual of the mother being the only son.
Considering the submissions of the learned counsel for the applicant that the applicant has to perform last rituals of his mother in BAI No. 460 of 2018, the applicant was enlarged on short- term bail for a period of three weeks.
It was directed that the applicant shall surrender before the Superintendent of the Jail concerned immediately after expiry of the period of short-term bail as granted.
Now, the second bail application has been filed without any new ground. Hence, the second bail application cannot be allowed if, any new ground is not taken.
Since, any new ground is not taken in the second bail application and the offence is serious as one person has lost his life and another has received serious injuries and the applicant is facing trial for the offence punishable under Sections 302, 307, 34 of I.P.C. this Court is not inclined to enlarge the applicant on bail and it is not a fit case to enlarge the application on bail.
In view of the above, this second bail application is dismissed.
(Lok Pal Singh, J.) 17.07.2018 Sukhbant