JUDGEMENT
Alok K. Singh, J. -
(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.123 of 2007, under Section 302 I.P.C., Police Station Puchdewra, District Hardoi. The first bail application was rejected as not pressed. This is second bail application. It comes out from rejection order itself that three witnesses have already been examined who have been declared hostile but at the same time it is also mentioned in the rejection order that the applicant has been arrested on the spot along with country made pistol and in that regard evidence has yet to come. Moreover it is also mentioned that keeping in view the facts and circumstances it has to be seen as to whether there were some otherwise reasons for not supporting prosecution case by the witness. In view of the above, it would not be proper to enter into the merit of the case at this stage, lest it may affect the final outcome. The bail is vehemently opposed by the learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected at this stage. The applicant is said to be in jail for the last two years. Therefore, the learned court below is directed to conclude the trial expeditiously preferably within four months from the date a certified copy of the order is produced before him.;
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