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2002 Supreme(SC) 1134

Ram Pratap Yadav – Appellant
Versus
Mitra Sen Yadav – Respondent


JUDGMENT

R.C. Lahoti, J.-Leave granted in both the SLPs.

2. Mitra Sen Yadav, the respondent No. 1, is accused in Crime No. 238/01 under Section 419, 420, 467, 468, 471, 409 IPC of P.S. Tarun, District Faizabad. He was arrested and lodged in District Jail, Faizabad. He moved an application for being released on bail. The prayer for bail was vehemently opposed. By order dated 12.10.2001, the learned Sessions Judge directed the application for bail to be rejected. The order is a detailed one setting out the facts and circumstances of the case, the previous history, and antecedents of the accused-applicant. The order also takes note of an apprehension expressed on behalf of the State that the release of the respondent No. 1 on bail may adversely influence the investigation and witnesses may be adversely influenced or intimidated.

3. Feeling aggrieved by the rejection of bail at the hands of the Sessions Court, the respondent No. 1 moved the High Court under Section 439 of Cr.P.C. By order dated 08.11.2001, the High Court has allowed the prayer of the respondent No. 1 to be enlarged on bail. The order is a brief one and the only reason assigned for releasing the respondent No.1 on bail is









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