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Bhupendra Gupta v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16743 of 2006 [2006] RD-AH 15226 (4 September 2006)


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Hon'ble Ravindra Singh, J.

  Heard learned counsel for the applicant and the learned A.G.A.

        It is submitted by learned counsel for the applicant that the applicant is not named in the F.I.R. whereas six other co-accused persons are named in the F.I.R. The name of the applicant  and some other co-accused persons have been disclosed by the injured Prem Pal Singh under section 161 Cr.P.C. The  co-accused Prem Singh, Vishal Gaur and Pradeep Kumar whose name was also disclosed by the injured Prem Pal Singh have been released on bail by this court. The case of the applicant is on the same footing with the above mentioned co-accused persons. It is opposed by the learned A.G.A. by submitting that the applicant is having some criminal antecedent.

It is opposed by the learned A.G.A. and the learned counsel for the complainant that in case the applicant is released on bail, he shall tamper with the evidence.

In view of the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.

Let the applicant Bhupendra Gupta  involved in case crime no. 163  of 2006 under Sections 147,148,149,302,307 and 120-B  I.P.C., and section 7 of the Criminal Law Amendment Act  P.S. Kwarasi  District Aligarhs be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the Court concerned with the condition that the applicant shall not temper with the evidence and the  applicant shall report to the police station Kwarsi  in the first week of each month till conclusion of the trial to show his good behaviour.

In default of the above condition it shall be open to the learned C.J.M. concerned to cancel the bail of the applicant if it is otherwise reported by the police station concerned.

Dated: 4.9.2006



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