(1.) HEARD .
(2.) BY moving application (M.Cr.P. 806/2001) the complainant wants cancellation of the interim bail granted in favour of the applicant whereas the appellant has prayed for confirmation of the interim bail. Having heard the two sides at length the order granting interim bail deserves to be confirmed. Deceased Raghunandan and Virendra are real cousins. Ram Rani, mother of the deceased Virendra is an eye witness who lodged the F.I.R. wherein the applicant Durg Singh was not mentioned amongst the assailants. After investigation, the prosecution filed charge sheet and applicant Durg Singh has been listed as an eye witness. He also happens to be the close relation of the deceased. It is after 6 7 months that mother of the deceased Raghunandan filed a priate complaint making allegations against the applicant besides others for having committed murder of her son. According to the F.I.R. lodged by Ram Rani, mother of the deceased, it is a different set of accused persons who were responsible for the murder of Virendra and Raghunandan.
(3.) WITHOUT commenting on the merits at this stage but keeping in mind the facts and circumstances of the case and the position and role assigned to the applicant Durg Singh in the case filed by the police and thereafter by the complainant in the present case, the order granting interim bail earlier is confirmed. the bail shall continue till conclusion of trial. As a result M.Cr.P. 806/2001 stands dismissed.