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Judgment
Alok K. Singh, J.
Heard the learned counsel for the applicant, learned A.G.A. and perused record.
The applicant is involved in Case Crime No.2494 of 2005, under Sections 326, 304/34 I.P.C., Police Station Kotwali, District Kheri.
The crime number is of the year 2005. Learned counsel for the applicant fairly concedes that the witnesses have already been examined in this case but they have not supported the prosecution version. Be that as it may. But it would not be proper to enter into merits of the case at this stage, lest it may affect the final outcome.
The bail is vehemently opposed by the learned A.G.A.
The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
In view of the aforesaid facts and circumstances, without entering into the merits of the case, I regret in not finding it to be a fit case for granting bail. Hence it is rejected.
However, the applicant may move bail application afresh, if he is so advised before the court below.