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Banney v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 4587 of 2007 [2007] RD-AH 3918 (8 March 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble M.K. Mittal, J.

Accused applicant Banney S/o Sri Nanhey has prayed for release on bail in Case Crime No. 454 of 2005, under Section 2/3 U.P. Gangster Act and Section 364-A, 120-B IPC, P.S. Banda, District Shahjahanpur.

Heard learned counsel for the parties and perused the material on record.

Contention of learned counsel for the applicant is that the main allegation of kidnapping are against the co accused Nanhey and he has been directed to be released on bail by order dated 22.5.2006 passed by another bench of this Court in Criminal Misc. Bail Application No. 10094 of 2006.

In the circumstances of the case, but without prejudice to the merit of the case, applicant is entitled to bail.

Let the accused involved in above case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

The applicant shall furnish an undertaking before the court concerned that he will not indulge in any criminal or antisocial activity and will not cause either any direct or indirect threat or any physical violence to the complainant and the witnesses and his family members and shall also not tamper with the evidence.  If any such report is made by any of the above persons either to the court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that his bail may be cancelled.

Dated: 8.3.2007



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