SATYAVIR Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application for bail on behalf of accused-applicant Satyavir in case Crime No. 238 of 1996 under Sections 302, 307, 394 and 411, I.P.C., P. S. Baraut, District Meerut.

(2.) The case of the prosecution, in brief, is that on 21-6-96 the applicant along with two others came to the house of the first informant to hire Maruti Van Day-6718 which was being plied as Taxi by the son of the first informant. First informant's son Aadesh Kumar, first informant and three accused persons left the house at about 8.30 in the morning and in the way three accused persons committed the murder of Aadesh Kumar. They also fired upon the first informant who any how escaped and ran away from the spot and informed the police, whereupon the police chased the Maruti Van and succeeded in apprehending one of the accused namely Sanjay with Maruti Van. His companions Om Pal and the present applicant Satyavir managed to escape. F.I.R. was lodged, case was investigated and the police submitted charge-sheet against the applicant also.

(3.) It is urged by the applicant's counsel that since the applicant was not arrested on the spot, an application was moved before the Chief Judicial Magistrate to put up the applicant on test identification by the witnesses, but his prayer was opposed by the prosecution and his application was rejected. Learned counsel for the applicant argued that on this ground alone the applicant is entitled to bail and in support of his contention he has relied upon a number of decisions, which would be referred to in the later part of this order.