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Ram Sewak v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13995 of 2005  RD-AH 1906 (11 August 2005)
Hon'ble M. K Mittal, J.
Heard the learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicant has contended that in this matter accused has been falsely implicated by the Investigating Officer. He further contended that in the F.I.R. lodged by the villager Chawkidar, the name of this accused applicant was not mentioned an in the report names of Ram Lakhan, Ram Kumar and Sudarshan Singh were mentioned. Co- accused Ram Lakhan and two others were alleged to have killed Smt.Rekha wife of Ram Lakhan in the night in the house of the co accused.
Learned counsel for the applicant further contended that in the statement of the two minor sons of the deceased, the names of these accused applicant was introduced and Sudarshan Singh, who was mentioned in the F.I.R. was left out. He further contended that the witnesses have filed affidavits and in those affidavits they did not name the accused applicant and names of Ram Lakhan and Ram Kumar were said by the witnesses. He further contended that after the investigation charge sheet has been submitted against the Ram Lakhan and the present applicant and even Raj Kumar has been left out.
Considering the facts and circumstances of the case, but without prejudice to the merits of the case, accused is entitled to bail.
Let the applicant Ram Sewak involved in case crime No.413 of 2004 under Sections 302/307 OPC, P.s. Jaluan, District Jalaun at Orai be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
The applicant shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activities 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 report to this Court so that their bail may be cancelled.
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