High Court of Judicature at Allahabad
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Diplav Biswas v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 4621 of 2005  RD-AH 3138 (20 September 2005)
Hon'ble M. K. Mittal, J.
Heard Sri Prakash Dwivedi and Sri Shashi Dhar Pandey brief holder for Sri N.L.Pandey, learned counsel for the applicant, learned A.G.A. and perused the record.
Accused applicant Diplav Biswas son of Sri Baudh Nath Biswas has prayed for release on bail in case crime no. 4 of 2005 under Sections 323, 504, 304 IPC, P.S. G.R.P., Shikohabad, District Firozabad.
Prosecution case is that on 23.1.2005, passengers were sitting in ordinary coach in Farakka Express, the accused who is in Border Security Force and three other co accused persons who were in military service are alleged to have thrown five passengers out of the compartment. At that time, another train was passing on the adjacent track and these five persons were hit and died at the spot.
Learned counsel for the accused applicant has contended that in this matter Court Martial of three military personnel was held and they have been acquitted in the matter. He has further contended that the complainant has filed his affidavit in the Court of Enquiry and there he stated that the passengers were not thrown by the accused persons but they themselves alighted the train.
In the circumstances of the case though the incident is unfortunate, accused is entitled to bail.
Let the accused named above involved in above case crime 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.
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