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2012 (1) TMI 407

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....of Judicature at Allahabad in Criminal Misc. Bail Application No. 28420 of 2009 whereby the High Court has granted bail to Mr. Ramakant Yadav - Respondent No. 2/accused in Case Crime No. 622 of 2009, FIR No. 63 of 2009 under Sections 302 and 307 of the Indian Penal Code, 1860 (in short 'Indian Penal Code'), Police Station Phoolpur, District Azamgarh, U.P. 3. Brief facts: (a) According to the Appellant, he is the President of a political party, namely, Rashtriya Ulema Council. On 12.08.2009, a meeting of the Party was to be held at Phoolpur, District Azamgarh, U.P. from 10 a.m. to 4 p.m. and he was to attend the said meeting in the capacity of Chief Guest. (b) At about 1.45 p.m., the Appellant started towards the venue of the me....

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....the Appellant started receiving threatening calls from the second Respondent warning him not to pursue the case otherwise he shall be eliminated. (d) On completion of the investigation, charge sheet was filed on 15.07.2010 against Respondent No. 2 and three other persons under Sections 302, 307 and 325 read with 34 Indian Penal Code and the trial of the case has been started by examining the injured witness - Farhan as PW-1 on 29.04.2010 and 15.07.2010. (e) Pending proceeding of the trial, the High Court, by impugned order dated 06.08.2010, granted conditional bail to the second Respondent. Questioning the same and of the fact that the Appellant had received several threat calls, he filed the present appeal for setting aside the same. ....

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.... of bail is that he had received threats from the second Respondent and his supporters warning him not to pursue the case against him. It is brought to our notice that based on the representations of the Appellant, adequate protection had already been provided to him. 8. Taking note of all these aspects, particularly, the fact that the second Respondent was in jail since 24.08.2009, the trial has commenced by examining the two witnesses on the side of the prosecution and the assurance by the State that trial will not be prolonged and conclude within a reasonable time and also of the fact that the High Court while granting bail has imposed several conditions for strict adherence during the period of bail, we are not inclined to interfere wi....