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2020 DIGILAW 31 (ALL)

Vinod Kumar Singh v. State of U. P.

2020-01-06

AJIT SINGH

body2020
JUDGMENT : 1. Sri Vinay Kumar Singh Chandel, Advocate has filed his Vakalatnama on behalf of informant, which is taken on record. 2. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record. 3. By means of this application, the applicant who is involved in Case Crime No. 364 of 2019, under Sections 302, 120B and 34 I.P.C., P.S. Rohania, district-Varanasi, is seeking enlargement on bail during the trial. 4. The first information report was lodged against some unknown persons, mentioning therein that on 21.6.2019 in the morning it became known to him that on last night his son Harendra Sharma, aged about 38 years had gone to the house of Ruchi Singh, wife of Dileep Kumar Singh and they were murdered by some unknown assailants. 5. During investigation name of four accused persons namely, Vinod Kumar Singh, the present accused, Dileep Kumar Singh, Jai Prakash and Sohan came into light and the role of causing death by firing was attributed to Jai Prakash and Sohan. 6. Learned counsel for the applicant submitted that the applicant is absolutely innocent and has been falsely implicated in the present cause due to some ulterior motive. He next submitted that similarly placed co-accused Dileep Kumar Singh @ Basu Singh has already been enlarged on bail by another Bench of this Court vide order dated 21.11.2019 passed in Criminal Misc. Bail Application no. 49455 of 2019, copy whereof has been filed as Annexure-17A to the affidavit accompanying the bail application. He further submitted that since the role of the applicant is identical to that of Dileep Kumar Singh @ Basu Singh who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The prayer for bail has vehemently been opposed by learned A.G.A. as well as learned counsel for the informant. However, the aforesaid factual aspect of the matter has not been disputed by him. 7. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. 8. However, the aforesaid factual aspect of the matter has not been disputed by him. 7. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity. 8. In view of the above, let the applicant, Vinod Kumar Singh be released on bail in the aforesaid case on his executing personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in the aforesaid case with the following conditions :- (a) The applicant shall attend the court according to the conditions of the bond executed by him. (b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.