PERMOD KUMAR Vs. STATE U P

JUDGEMENT

(1.) KAMLAKAR Chaubey, J. This application under Section 43- of the Code of Criminal Procedure, 197j (hereinafter called Code) has been moved for the release of the applicant on and in Crime No. 166 of 1989 under Sections 147, 148, 149, 307 and 302 I. P. C. of P. S. Etmadpur, district Agra. The learned counsel for the applicant, the learned counsel for the complainant and the learned A. G. A. have already been heard at length.

(2.) BEFORE looking to the merits of the argument of the learned counsel for the parties, it is necessary to note down relevant facts leading to the present bail application.

(3.) THE Applicant moved an application before the Magistrate at Agra for releasing him bail, which was rejected. THEreafter he moved the Sessions Court. THE In charge Session Judge, Agra, Sri R. K, Gupta vide his order dated 2-3-1990, rejected the bail application of the applicant a premature and there after the applicant has come to this Court