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Bhagwan Das v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 14448 of 2004  RD-AH 2944 (16 September 2005)
Hon'ble M. K. Mittal, J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Accused applicant is alleged to have fired at Chetram in the night at about 12 p.m. when he was sleeping on the cot. The complainant Nanhe Lal, Dalchandra son of deceased and others were also sleeping there. According to report, four persons including accused applicant and co accused Bhagwan Das came and fired on the deceased and he received two fire arm injuries as mentioned in the post mortem report. It has also been mentioned in the F.I.R. that the fire might have been made by other two persons, who are not named in the F.I.R. In this case, Dharamveer @ Pappu has already been directed to be released on bail vide order dated 13.7.2005. The allegation as made against the present accused is similar and he is also entitled to bail.
Let the accused Bhagwan Das son of Gangaram involved in case Crime No. 150 of 2004 under Sections 302 IPC, P.S. Sirauli, District Bareilly 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 his bail may be cancelled.
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