MUSHTAQUE AHMED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is second bail application on behalf of Mushtaq Ahmed against whom there is a case under sections 302/307/ 324 I.P.C. from P.S. Shahganj, Allahabad. This bail application has been moved on technical grounds. The first bail application of this applicant was rejected by this Court on merits on 4-7-1983.

(2.) The complainant opposite party has put in appearance through a counsel and has opposed the bail application.

(3.) The first contention of the learned counsel for the applicant is that the Chief Judicial Magistrate had passed a committal order against the applicant on 16-4-1983 without complying with the mandatory provisions of Section 207, Cr. P.C. inasmuch as he had not supplied copies of all the relevant documents to the applicant and, therefore, the committal order was illegal and the order remanding the applicant to judicial custody in pursuance of that committal order also became illegal. Because the custody of the applicant was illegal, he was entitled to be released on bail.