Shree Chandrashekhar, J. - (1.) Previously, application seeking bail in Sukhdeo Nagar (Pandra O.P) P.S. Case No.126 of 2016, corresponding to G.R. Case No.1246 of 2016 [S.T. No.441 of 2016] vide B.A. No.4765 of 2017 stood as withdrawn on 09.08.2017.
(2.) Mr. Jitendra Shankar Singh, the learned counsel for the petitioner submits that the petitioner who was taken into judicial custody on 14.03.2016 was granted provisional bail by the trial court on 14.02.2017. On the said date, the court finding that there is no sufficient material for framing charge against the accused persons directed further investigation. Thereafter, provisional bail granted to the petitioner and other co-accused persons was extended from time to time. Finally on 11.04.2017 after the final report on further investigation was received by the court, provisional bail granted to other three co-accused persons was cancelled. The petitioner who was not present on the said date, that is, on 11.04.2017 has been taken into judicial custody on 28.05.2017. In the above facts, Mr. Jitendra Shankar Singh, the learned counsel for the petitioner submits that this period between 11.04.2017 to 27.05.2017 has been erroneously assumed by the trial Judge as if the petitioner was absconding.
(3.) Mr. Ram Prakash Singh, the learned APP opposing the prayer for grant of bail submits that stringent conditions should be imposed upon the petitioner in view of the finding recorded by the trial Judge in its order dated 20.02.2018.;