RAMESH SINHA, J. - (1.) HEARD Sri Abhay Kumar Saxena, learned counsel for the applicant and Sri Alok Kumar Mathur, learned A.G.A. appearing for the State and perused the record.
(2.) THIS is the second bail application on behalf of the applicant. First bail application of the applicant has been rejected by Hon'ble Rajesh Chandra, J. vide order dated 14.9.2009.
(3.) THE new ground which has been argued by the learned counsel for the applicant is that though it is a double murder case but the applicant along with his two daughter -in -law and two sons has been falsely implicated in the present case. The two sons of the applicant are already confined in jail. He submits that the case of the applicant may be considered on compassionate ground as at present the applicant is aged about 73 years and is suffering from various old age ailments, the said fact has been mentioned in para -12 of the accompanying affidavit. He submits that till date only two prosecution witnesses have been examined by the trial court and many more witnesses are yet to be examined. The applicant has no other reported criminal antecedent. The applicant is in jail since 15.12.2008. Taking into account the said argument of learned counsel for the applicant, this Court vide order dated 30.4.2015 has directed the Superintendent Jail to submit a report regarding the age and physical health and condition of the applicant and further he was directed to file his personal affidavit regarding the same vide order dated 1.5.2015 failing which he was directed to appear in person before this Court.;