High Court of Judicature at Allahabad
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Mahanth Dusadh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 26637 of 2006  RD-AH 5973 (3 April 2007)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Accused applicant Mahanth Dusadh son of Nageshwar has prayed for release on bail in case crime No 440 of 2004, under Section 364 IPC, P.S. Turkpatti, District Kushinagar.
Learned counsel for the applicants has contended that applicant has been wrongly implicated in this matter and the first information report was lodged after two and half years of the alleged missing of the son of the informant. According to prosecution case, informant and other person had seen the accused taking the son of the informant.
Learned counsel for the applicant has further contended that prosecution has not given any explanation as to why the report was lodged after two and half years.
In the circumstances, but without prejudice to the merits of the case, applicant is entitled to bail.
Let the applicant 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 also before the court concerned that he will not indulge in any criminal activity and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. If any such report is made by any of the above person 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 against the applicant.
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