- (1.) HEARD Sri K.N. Mishra, learned counsel for the appellants, learned A.G.A. for the State of U.P.
(2.) THIS is the third bail application moved moved on behalf of the appellant Ram Bilas Bhagat, Nageshwar, Lakshman and Smt. Shanti Devi, their first bail application has been rejected on 1.2.2012 after considering the merits of the case, their second bail applications have been rejected on 24.9.2013.
(3.) IT is submitted by the learned counsel for the appellants that the appellant Ram Bilas Bhagat is in jail since 13.5.2008 and the appellant Nageshwar is in jail since 15.5.2008, they remained in jail for about 7 years and the appellant Ram Bilas Bhagat is an old man aged about 71 years. Both the appellants are innocent, the evidence adduced against them is not reliable and it has been erroneously considered in an arbitrary manner. The brother of the deceased namely Prabhat, who was allegedly present at the place of incident was injured also, has not been examined before the trial court. The witness Virendra, who was a witness of recovery of Phawda and Danda, has not been examined. The co -accused Lakshman and Smt. Shanti, have already been released on bail. There is no likelihood of hearing of the appeal in near future, in such circumstances, they may be released on bail. In reply to the above contention it is submitted by the learned A.G.A. that it is third bail application, the grounds taken in it touching the merits of the case have already been considered at the time of disposal of the first and second bail applications and there is no good ground to release the appellants on bail.;