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Akhilesh Singh & Another v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 5824 of 2007  RD-AH 4953 (21 March 2007)
Hon'ble M. K. Mittal, J.
Criminal Misc. Bail Application No. 5824 of 2007 has been filed by applicants Akhilesh Singh sonof Ram Pal Singh and Gulab Jaiswal son of Sanju Jaiswal and Criminal Misc. Bail Application No.5855 of 2007 has been filed by Sriram Mishra for release on bail in Case Crime No. 84 of 2007, under Sections 147, 323, 332, 427, 436 IPC, Section 5 of Railway Act and Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Khorabar, District Gorakhpur.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the applicants has contended that in the gang chart three cases have been shown against the applicant Akhilesh Singh and two cases have been shown against Gulab Jaiswal and Sriram Mishra.
Learned counsel for the applicants has contended that applicant Gulab Jaiswal is on bail in case crime no. 1 of 2007. He has further contended that in case crime no. 3 of 2007 shown against applicant Akhilesh Singh, he has not been taken on remand by the police neither his name appears in the first information report and he is not wanted in that case and the third case shown in the gang chart is present one.
He has also contended that applicant Sriram Mishra and Gulab Jaiswal are on bail in the case crime No. 1 of 2007 shown against him in the gang chart.
In the circumstances of the case, but without prejudice to the merit of the case, accused are entitled to bail.
Let the accused involved in above case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The applicants shall furnish an undertaking before the court concerned that they 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 take necessary legal action.
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