High Court of Judicature at Allahabad
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Ram Daur v. State Of U.P. - CRIMINAL APPEAL No. 2590 of 2007  RD-AH 7230 (19 April 2007)
Hon'ble M. K. Mittal, J.
Appellant Ram Daur has prayed for release on bail in this appeal filed by him against the judgement and order dated 22.3.2007 passed by Addl. Sessions Judge, F.T.C. No. 1, Basti in S.T. No. 49 of 1996 whereby the appellant has been found guilty and convicted under Section 304 IPC and has been sentenced to undergo rigorous imprisonment for ten years and fine has also been imposed on him with default stipulation.
Heard learned counsel for the parties and perused the material on record.
Learned counsel for the appellant has contended that appellant was also tried for the offence under Section 394, 411 IPC but has been acquitted of the same. He has also contended that appellant was put up for test identification but was not identified by any witness.
He has also contended that appellant was named by Garjan Driver but was declared hostile and he did not support the prosecution case.
In the circumstances of the case, but without prejudice to the merits of the case, appellant be released on bail during pendency of this appeal, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned and on depositing the amount of fine as imposed on him.
He shall also give an undertaking that he will not indulge in any criminal or antisocial activity and shall not threaten the witnesses directly or indirectly and if any report is found against them, it shall be open for the Court below to report the matter to this Court, after inquiry, so that his bail may be cancelled.
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