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Lav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 23378 of 2005  RD-AH 6636 (27 March 2006)
COURT NO. 54
CRIMINAL MISC. BAIL APPLICATION NO. 23378 OF 2005
State of U.P........................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The applicant is not named in the First Information Report. His complicity was revealed after four months by one of the co-accused. It is submitted that the applicant was riding rickshaw in Delhi and was not aware that he was implicated in the murder case. The trial against other co-accused commenced vide Session Trial No. 285 of 2003, which ended in conviction of accused Smt. Mithlesh Sharma, whereas another co-accused Subhash whose role is identical to that of the present applicant, has been acquitted. The judgment dated 18.1.2005 passed in Session Trial No. 285 of 2003 has been brought on record by means of the supplementary affidavit. The applicant is resident of Mathura. The bail application is allowed since identically placed co-accused Subhash has been given clear acquittal by the learned Additional Sessions Judge, court no.13 F.T.C., Mathura.
Let the applicant Lav be released on bail in Case Crime No. 9 of 2002, under Sections 302, 201, 120-B I.P.C. Police Station Vrindaban, District Mathura on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the condition that he shall be present on each and every date during the trial. In the event, he absents himself on a single date in future, this order shall automatically stand cancelled and proceeding shall be initiated to take the applicant into custody.
Learned Additional Sessions Judge, court no.13 F.T.C., Mathura is directed to complete the trial expeditiously, preferably within a period of four months from the date a certified copy of this order is produced before him.
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