- (1.) V. K. Chaturvedi, J. Heard Mr. A. B. L. Gaur, learned counsel for the ap plicant as well as learned A. G. A.
(2.) THIS is second bail application. In support of this second bail ap plication, one Ganga Ram, who is an In spector in C. R. P. F. , has filed his affidavit. In paragraph 9 of the said affidavit, it has been averred that as per the case diary (Annexure-7), the applicant was arrested on 13-4-1999 by the police in the present case crime num ber. But in fact the applicant was arrested on 11-4-1999 from his house and a telegram to this effect was also sent to the Superinten dent of Police, Rampur on 11-4-999 at 3. 15 p. m. (Annexure-4 ). It is further averred therein that the applicant appeared in the High School Examination on 12-4-99 in police custody which is clear from An-nexure-5 which is a certificate issued by the Centre Superintendent, Netaji Subhash Inter College, Rathaunda, Tehsil Milak, district Rampur dated 16-4-99. On the basis of this certificate, learned counsel for the applicant has ar gued that in fact the applicant was taken into custody by the police on 11-4-99 and thereafter his arrest has been falsely shown in the case diary on 13-4-99. He has also argued that from the perusal of the certifi cate issued by the Centre Superintendent (Annexure-5), it is clear that the applicant was in fact taken into custody of police on 12- 4-99.
(3.) CONSIDERING this aspect of the mat ter, let applicant Raju alias Devendra Singh involved in case crime No. 148/99, under Section 394,302,411ipc, P. S. Civil Lines, District Rampur, be released on bail on furnishing a personal bond and two sureties of the like amount to the satisfac tion of C. J. M. concerned. Investigating Officer of this case is directed to make an enquiry about genuineness of the certificate issued by the Centre Superintendent contained in An nexure-5 dated 16-4-99, and in case he comes to the conclusion during said en quiry that it is a forged one, in that event, he shall take appropriate action permis sible under law against Mr. Ganga Ram who has filed affidavit in support of this bail application as well as against the Centre Superintendent, Netaji Subhash Inter College, Rathaunda, Tehsil Milak, district Rampur whose name is not men tioned in the certificate though his signa ture is there on the certificate. It is further provided that in case the certificate issued by the Centre Superintendent dated 16-4-99 (Annexure-5) is found to be forged one, the bail granted to the applicant shall automatically stand cancelled.;