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<h1>Second bail application for accused after partial witness testimony and insufficient corroboration denied; parity with co-accused not applied</h1> The primary issue was whether the applicant merits enlargement on bail on a second application. The HC noted the first bail was earlier rejected on ... Seeking enlargement on bail during trial - second bail application - parity of release of co-accused - Corroborative testimony - stage of trial and witness testimony - medical evidence corroboration - narration in the FIR and role assigned - HELD THAT:- It is evident that this is the second bail application of the applicant. The first bail application of the applicant was rejected on merits by a detailed order of this Court on 21.04.2022. The trial in the present case is under progress in which two witnesses have been examined. Guddi (one of the injured) and two other witnesses of facts, namely, Kallu and Mukesh are yet to be examined. The two witnesses who have been examined have supported the prosecution case. In so far as the parity of bail being granted to the co-accused concerned, the same is not binding on this Court. Looking to the facts of the case and the stage of trial, no case for bail is made out. The bail application is rejected. Issues: Whether the second bail application under Section 439 Cr.P.C. filed by the accused seeking enlargement on bail during trial should be allowed or rejected.Analysis: The applicant filed a second bail application; his earlier bail application had been rejected on merits by a detailed order. The trial is in progress with two prosecution witnesses already examined who have supported the prosecution case and additional eyewitness/injured witnesses remaining to be examined. The Court considered parity orders granting bail to co-accused but held that such parity is not binding. Given the stage of trial and the evidence on record corroborating the prosecution version, the Court found no ground to grant bail.Conclusion: The second bail application under Section 439 Cr.P.C. is rejected and the applicant's prayer for enlargement on bail is refused.
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