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Ashok Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17286 of 2006 [2006] RD-AH 15221 (4 September 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble R.K. Rastogi,J.

This is second bail application moved on behalf of Ashok Yadav in case crime no.122 of 2005 under sections 147, 148, 149, 302, 286, 506/34, I,.P.C. and Section 7, Criminal Law ( Amendment ) Act of police station Jhunsi district Allahabad.

First Bail Application no.21342 of 2005 of the applicant was  heard and decided on merits by Hon. Mrs. Poonam Srivastava ,J.  vide her order dated 6.4.2006. Thereafter the applicant  moved  an application on 18.5.2006 for grant of short term bail on the ground of illness of his wife, which was registered as Crl. Misc. Short Term Bail Application no.  109449 of 2006. It was put up before Hon'ble  Mrs. Poonam Srivastava,J. and on 26.5.2006 she passed  an order  to the following effect:

" This bail application is released. It shall not be treated to be tied  up with this Court.

List this case on 31.5.2006 before the appropriate Bench during the summer vacation.

Meanwhile, learned A.G.A. shall get instruction."

Since I was sitting  as Vacation Judge  from 19.6.2006 to 30.6.2006, this application  for short term bail was presented before me  after being released  and I allowed the application for grant of short term bail of one month only to the applicant, Ashok Yadav on the ground  of illness of his wife vide my order dated 30-.6.2006 to enable  him to look after  the treatment of his ailing wife suffering from chronic low backache acute Prolapse Intervertibral Disc. While passing the above order I had  not touched merits of the case nor this aspect of the case whether the accused  is entitled to bail on merits or not.

The applicant moved the present second bail application on 18.8.2006 and on 21.8.2006 Hon'ble Ravindra Singh,J,. before whom this bail application was presented, passed an order  to the following effect:

" This is  second bail application.  List this case  along with

Crl. Misc. Bail Application No.  21342 of 2005, decided on 6.4.2006 before appropriate bench in the next cause list."

It is in pursuance of this order that  office  has listed this second bail application before me  treating it as tied up with  me. It is to be seen that  Bail Application no. 21342 of 2005 was rejected  by Hon. Mrs. Poonam Srivastava,J. on merits and now this is second bail application for grant of bail  in the same case. The applicant's learned counsel has produced before me a photo copy of  an order passed by Hon. Vinod Prasad,J. on 31.8.2006 in Bail Application no. 10165 of 2006 whereby he has granted  bail to co-accused, Ravi Chand Yadav alias Gau Yadav and so bail has been sought on the ground of parity with Ravi Chand Yadav.  I am of the view that  when first bail application  of the present applicant has been heard and rejected on merits  by Hon Mrs.Poonam Srivastava,J., it will be proper  that the second bail application in the same case  should  also be heard and decided by the same Bench.

It was submitted by the learned counsel for the applicant that Hon. Mrs. Poonam Srivastava,J.  released  the bail application  vide her order dated 26.5.2006. That order of release was passed  taking into consideration  ensuing summer vacation so that  the application for short term parole may be heard and decided. The present bail application  was not  in existence  on the above date. It was moved on 18.8.2006 so it cannot be treated to have  been released  vide  above order dated 26.5.2006 passed on the short term bail application. Moreover,  I have already pointed out that I had not touched the merits of the bail application  in my order passed on the  application for parole, which was granted on the sole consideration of illness of  the wife of the applicant.

Let this bail application be listed on 6.9.2006 before the appropriate Bench in accordance with the  order dated 21.8.2006 passed by Hon. Ravindra Singh,J.


RPP/II Bail Appl.17286/06


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