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