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Allahabad High Court · body

2014 DIGILAW 1814 (ALL)

Brijesh Kumar v. State of U. P.

2014-06-03

VIRENDRA VIKRAM SINGH

body2014
JUDGMENT Hon'ble Virendra Vikram Singh, J. Heard learned counsel for the applicant and learned AGA for the State. 2. The applicants have approached this Court with the prayer that the court concerned be directed to release the applicant on bail on the same day in Case Crime No.132 of 2007 arising out of S.T. No.1099 of 2008 (State Vs. Santosh & others), under Sections 307, 506 I.P.C, Police Station Kotwali Dehat, District Etah. 3. It has been argued that the applicant has been nominated in the F.I.R. with the role of exhortation alone. The nomination of the applicant during investigation was found to be false and chargesheet was not submitted against him. The trial court during trial after recording the statement of witnesses has summoned the applicant under the provision of Section 319 Cr.P.C. 4. Having considered the facts and circumstances of the case, this court does not see any reason to hold that the applicant should be released on bail on the same day, nor there appears any reason to hold that abuse of the process of Court is going to happen if the applicant is not released on the same day. 5. Prayer for release on the same day is hereby declined. 6. However, if the applicant appears before the court concerned within 30 days from today along with the certified copy of the present order, the court concerned shall proceed to decide the application for bail moved on his behalf expeditiously. 7. With these observations the application is disposed of.