VIJAY KUMAR VERMA,J. - (1.) HEARD Sri C.K. Jha, Advocate, appearing for the applicants and AGA for the State on the second bail application, in which prayer for bail has been moved on behalf of the appli­cants Jagdeo and Gulab, who are facing trial in S.T. No. 37 of 2006, arising out of case crime No. 254 of 2005, under sections 147, 148, 149, 307, 302, IPC and 3(2)(v) SC/ST Act, P.S. Khanna, District Hamirpur.
(2.) THE first bail' application in Crimi­nal Misc. Bail Application No. 14844 of 2006 was rejected on merit vide order dated 24.7.2007 passed by Hon'ble R.N. Misra. J. Certain arguments on merit have been made by learned counsel appearing for the applicants, but no such new ground has been pointed out, which was not avail­able at the time of passing the order on the first bail application. Therefore, in view of the law laid down by Division Bench of this Court in Satya Pal v. State of U.P., 1998 (37) ACC 287 and having regard to the observations made by the Hon'ble Apex Court in Kalyan Chandra Sarkar etc. v. Rajesh Ranjan @ Pappn Yadav and another, 2005 (51) ACC 727 (SC) the second bail application on the same grounds, which were available at maintainable.
(3.) IN my considered opinion, on the basis of the long incarceration in jail also, the applicants cannot be admitted to bail in this heinous crime, hi this context, refer­ence may be made to the case of Pramod Kumar Saxena v. Union of India and others, 2008 (63) ACC 115 in which the Hon'ble Apex Court has held that mere long period of incarceration in jail would not be per-se illegal. If the ac­cused has committed offence, he has to re­main behind bars. Such detention in jail even as an under trial prisoner, would not be violative of Article 21 of the Constitu­tion.;