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2020 Supreme(All) 495

SAMIT GOPAL
Saurabh Rathaur – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Suresh Kumar Gupta, Ravi Sahu
For the Respondent: P.K.Singh

JUDGMENT :

1. Heard Sri Suresh Kumar Gupta, learned counsel for the applicant, Sri P.K. Singh, learned counsel for the first informant and Sri J.K. Upadhyaya, learned A.G.A. for the State.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant-Saurabh Rathaur, seeking enlargement on bail during trial in connection with Crime No. 202 of 2018, under Sections 364, 302, 201 I.P.C., registered at P.S. Bilhaur, District Kanpur Nagar.

3. Learned counsel for the first informant has not filed any counter affidavit and states that he could not file the same inspite of being granted time twice for it. He states that the matter be heard and decided. The Court thus proceeds to hear the matter.

4. Learned counsel for the applicant argued that the incident in the present case took place on 18.5.2018 at about 8.00 P.M. for which an F.I.R. was registered by Thakur Prasad on 20.5.2018 at about 12.00 P.M. against unknown persons in which he stated that his son Rishu Yadav has disappeared since 18.5.2018 from 8.00 P.M. He was searched but could not be located. He is aged about 17 years. A report regarding his disappearance is important to be registered. He

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