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Amar Singh v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 5084 of 2007  RD-AH 4207 (13 March 2007)
Hon'ble M. K. Mittal, J.
Accused applicant Amar Singh son of Nihar Singh has prayed for release on bail in Case Crime No. 2 of 2006, under Section 364 IPC, P.S. Bhojpur, District Moradabad.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the applicant has contended that there is only evidence of extra judicial confession and the report was also lodged after ten months of the alleged incident. He has further contended that in this matter co accused Sohan Lal has been directed to be released on bail by order dated 26.2.2007 and the present applicant is similarly situate.
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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