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1992 Supreme(All) 153

K.NARAYAN
BUDH SEN – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
Y.K.Shukla,

K. NARAYAN, J.

This is an application for bail by one Budh Sen said to be involved in a case under Section 302/307, 1. P. C. registered at crime No. 761 of 1991 P. S. Civil Lines, district Budaun.

2. The main ground on which this bail application has been pressed before me is that the applicant, according to his contention, was not known to the witnesses and in order to substantiate this situation he had applied before the C. J. M. concerned on 20-11-91 that a test identification parade of the applicant by the witnesses may be arranged and the same has not been done so far despite an order of C. J. M. for it. Though there are other plot as of alibi etc. , I need not go into them.

3. This plea that the accused-applicant had applied for test identifica tion parade and the same has not been arranged by the police despite orders of C. J. M. has been coming before this Court very often. In this particular case, the additional Government Advocate appearing on behalf of the State was called upon to show as to why this was being denied and his contention has been that since the accused was named in the FIR and also subsequently in the statements of the witnesses recorded under Section 161,






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