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Kanhaiya v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 4403 of 2007  RD-AH 3937 (8 March 2007)
Hon'ble M.K. Mittal, J.
Accused applicant Kanhaiya son of Raghuveer has prayed for release on bail in Case Crime No. 122 of 2006, under Sections 323, 324, 308 IPC, P.S. Shergarh, District Mathura.
Heard learned counsel for the parties and perused the material on record.
According to prosecution case, on 12.12.2006, Kapil, Virendra, Roop Singh, Harswaroop, Jagdish and Rajpal had entered the house of Sohan Lal and had assaulted the inmates including ladies and had also tried to commit rape on ladies.
Learned counsel for the applicant has contended that accused has been falsely implicated. According to him, allegation was also made about loot but that allegation was not found correct.
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.
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