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Rakesh Kumar Rai v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9666 of 2006  RD-AH 11350 (12 July 2006)
Court No. 54
CRIMINAL MISC. BAIL APPLICATION NO. 9666 OF 2006.
Rakesh Kumar Rai Vs. State of U.P.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri G.S. Chaturvedi, Senior Advocate, assisted by Sri Samit Gopal, learned counsel for the applicant, Sri A.B. L. Gaur Advocate for the complainant and learned A.G.A. for the State.
The cross case was registered in respect of the present occurrence, in which one person was done to death during the election of Block Pramukh on 1.3.2006. There are injured witness on both the sides. The bail has been granted to the accused Markandey Singh in the cross case in Criminal Misc. Bail Application No. 9398 of 2006 on 30.5.2006. Three persons have been done to death in the instant crime No. 132A of 2006.
Sri A.B.L. Gaur has placed reliance on a decision of this Court, Mainu Vs. State, 1964 ACC, 156. This decision is in an appeal regarding correctness of two versions of a single occurrence and also the question as to which party is aggressor. This is not a stage to decide this question. However, since the bail has been granted to the accused in the cross case, the present bail application is also allowed.
Let the applicant Rakesh Kumar Rai be released on bail in case Crime No. 132A of 2006, under Sections 147, 148, 149, 302, 336, 323, 435, 504 I.P.C. Police Station Suhwal, District Ghazipur, subject to his furnishing personal bond with two sureties each of the like amount to the satisfaction of the court concerned, besides that the applicant shall also give an undertaking before the court concerned that he will not tamper with the evidence or threaten the witnesses after he is released on bail and shall also co-operate in expeditious trial of the case by the trial court who shall decide the case expeditiously keeping in view the provisions of Section 309 Cr.P.C. in this connection. It will be open to the trial court to cancel his bail in case there is any lapse on the part of the applicant in this regard.
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