High Court of Judicature at Allahabad
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Deepak Kumar Saxena v. State Of U.P. And Another - CRIMINAL MISC. WRIT PETITION No. 9695 of 2005  RD-AH 3487 (24 September 2005)
Hon'ble R.C.Deepak, J.
Heard learned counsel for the petitioner, learned Addl. Government Advocate for the State and perused the record.
It is contended by the learned counsel for the petitioner that there is no evidence to summon the petitioner under Section 319 Cr.P.C.
I have examined the evidence. Prima facie there is evidence to summon the petitioner.
The petition lacks merit and is accordingly dismissed.
However, in the event the petitioner puts in his appearance before the court below and makes an application for his release on bail in case crime no. 542 of 2003, his bail application shall be disposed of as expeditiously as may be convenient in accordance with law, if convenient, the same day, as the other co-accused against whom the charge-sheet was submitted, have already been released on bail.
The petitioner is at liberty to raise objection at the time of framing of the charge and the trial court shall dispose of the same on the basis of evidence on record and the law involved therein.
Dated: September 20, 2005.
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