- (1.) This application u/s.439 of the Code of Criminal Procedure, 1973 (hereinafter called Code) has been moved for the release of the applicant on bail in Crime No. 166 of 1989 u/S. 147, 148, 149, 307 and 302. I.P.C. of PS Etmadpur, district Agra. The learned counsel for the applicant, the learned counsel for the complainant and the learned A.G.A. have already been heard at length.
(2.) Before looking to the merits of the argument of the learned counsel for the parties it is necessary to note down relevant facts leading to the present bail application.
(3.) On 31-7-1989 first informant Harish alias Kallu Chauhan, r/o Nagla Prem, Mazra Chauli. P.S. Etmadpur, district Agra, handed over a written report at Police Station on the basis of which the above case was registered. In this report it was alleged that on 31-7-1989 at about 5.30 P.M. Rajveer Singh, Jagraj Singh, Dharma and Raj Kumar along with two unknown persons committed murder of the father of the first informant. The brother of the first informant had also sustained fire arm injuries, who subsequently expired. After registration of the case, investigation proceeded and complicity of the applicant also came to light. From the Court of Judicial Magistrate III (L.C.C.) Agra,'B' warrant was sent on 1-1-1990 to the Superintendent, District Jail, Kanpur for applicant's transfer to his Court. It appears that applicant was detained in District Jail, Kanpur in connection with crime No.510 of 1989 under Section 307, I.P.C. of Police Station Govindnagar, of Kanpur Nagar. The applicant was said to have fired at Sub-Inspector of the Police Station and was arrested and sent to District Jail, Kanpur on 27-12-1989. Since then he is in that jail. Coming to know of these facts, the aforesaid 'B' warrant was sent to Superintendent of Jail, Kanpur by the Magistrate concerned from Agra. The Superintendent, District Jail, Kanpur did not comply with this requisition because of the pendency of 307, I.P.C. case of Kanpur Nagar. From the record it further appears that in the 307, I.P.C. case at Kanpur Nagar, the applicant had been ordered to be released on bail but he has not submitted the necessary bail bonds as yet.;