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Rajendra @ Raju Gupta v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 5056 of 2007  RD-AH 4276 (13 March 2007)
Hon'ble M. K. Mittal, J.
Accused applicant Rajendra @ Raju Gupta son of Ram Prasad Gupta has prayed for release on bail in Case Crime No. 1371 of 2006, under Sections 356, 307, 411 IPC, P.S. Kotwali, District Basti.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the applicant has contended that he has been falsely implicated in this matter and he was taken from his house on 19.12.2006 whereas the recovery of money has been shown on 25.12.2006. Application was also filed on behalf of the applicant by his brother in the Court of Chief Judicial Magistrate, Basti on 22.12.2006. He has further contended that although the informant claimed that he had identified the miscreants but the accused has not been put up for test identification.
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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