Allahabad High Court
BHURA @ NARENDRAversusSTATE OF U.P.
- Decided
Holding
The bail application was rejected as no fresh ground for bail was established.
Summary
The applicant, Bhura @ Narendra, sought bail in a criminal case (Crime No. 267 of 2020) involving offences under Sections 147, 148, 149 and 302 of the IPC. This was his second bail application; the first (No. 44235 of 2022) had been rejected on merit. Counsel argued that the trial was progressing slowly, with only four of twenty‑four witnesses examined and the applicant having spent five years in custody. The State opposed, contending that no fresh ground for bail was raised after the earlier rejection. The Court held that the second application did not disclose any new circumstance warranting bail and therefore dismissed it, directing the trial court to expedite the proceedings and allowing the applicant to file a fresh bail petition if the trial is not concluded within six months.
Issues considered
- Whether a second bail application can be granted after a prior bail application has been rejected on merit and no fresh ground is shown
- Whether the delay in trial and prolonged pre‑trial detention justify granting bail
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 302
Subjects
- bail
- second bail application
- trial delay
- IPC sections 147 148 149 302
- pre‑trial detention
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 46173 of 2023
Bhura @ Narendra
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajat Kumar Shukla, Romeshwari
Prasad
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit, filed by learned counsel for the applicant, is
taken on record.
2. Heard Sri Romeshwari Prasad, learned counsel for the applicant and Sri
J.P. Singh, learned A.G.A. for the State are present.
3. The instant application has been filed with a prayer to release the
applicant on bail in Case Crime No. 267 of 2020, under Sections 147, 148,
149, 302 IPC, P.S. Ghiror District Mainpuri.
4. It is contended by learned counsel for the applicant that this is the second
bail application filed on behalf of the applicant and his first Bail Application
No. 44235 of 2022 has already been rejected on merit vide order dated
15.3.2023. It is further submitted that the trial is moving at a slow place as
only four witnesses out of 24 witnesses have been examined so far. The
applicant has been languishing in jail for five years and trial of this case is
not likely to be concluded in near future.
5. On the other hand, learned A.G.A. has vehemently opposed the prayer for
grant of bail and submitted that the first bail application of the applicant has
already been rejected on merit and no fresh ground for bail has been made
out.
6. This is the second bail application on behalf of the applicant and the first
bail application of the applicant has already been rejected on merit. Only
four witnesses out of 24 witnesses have been examined so far.
7. In view of the above, no case for grant of bail is made out. Accordingly,
BAIL No. 46173 of 2023
2
the bail application is rejected.
8. The Trial Court is directed to expedite the trial. However, the applicant
shall be at liberty to move bail application afresh before this Court, if the
trial is not concluded within six months.
(Jitendra Kumar Sinha,J.)
March 18, 2026
Vandana
Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad
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