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Dharmdev Kewat v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 25469 of 2006  RD-AH 19675 (21 November 2006)
Hon'ble Ravindra Singh , J.
Heard learned Counsel for the applicant, learned A.G.A. and Sri B.K. Tripathi learned counsel for the complainant.
It is submitted by the learned counsel for the applicant that the applicant is not named in the F.I.R. It is alleged that on 21.7.2006 at 11.30 a.m. in respect of incident which had occurred on 19.7.2006 at about 9.30 a.m. The F.I.R. is delayed. It was lodged after great thought and consultation. The F.I.R. was lodged after recovery of dead body. In the F.I.R. 2 persons were named. It is said that two unknown persons have also committed the alleged offence. During investigation co-accused disclosed the name of the applicant and from his possession one stolen chain and one ring have been recovered, but the recovered articles were not bearing any specific mark to show that it was stolen property. The applicant was not put up for identification. Thereafter, on 2.8.2006 2 witnesses disclosed the name of the applicant. They stated that when the dead body was recovered they also reached there, even then the name of the applicant was not disclosed in the F.I.R. The applicant is having no criminal antecedents.
After considering the facts and circumstances of the case and the 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 Dharmdeo Kewat involved in Case Crime No. 467 of 2006, under Sections 302 379 and 411 I.P.C. Police Station Belipar District Gorakhpur be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the Court concerned.
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