JASWANT Vs. STATE OF U P

JUDGEMENT

(1.) VIRENDRA Saran, J. Heard Sri A. K. Bhatt, learned counsel for the applicants and the learned State Counsel.

(2.) THE applicants are accused in Crime No. 191 of 1993, P. S. Thana Bhawan, district Muzaffarnagar, under Section 382, I. P. C. THE learned counsel for the applicants has prayed that the bail application of the applicant may be concerned and disposed of the same day.

(3.) SUCH affidavits are no evidence unless any law permits evidence to be filed in the form of affidavit. It is common knowledge that accused prevail upon the prosecution witnesses and out of fear precure affidavit. As such I am of the opinion that the courts while considering bail applications should not consider affidavits of the witnesses filed in the manner as in this case. The tendency of the accused to procure affidavits is showing signs of steady increase and has already become rampant.