Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7837 of 2018 Applicant :- Dayal Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Imran Ullah Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Sri Dharmendra Pratap Singh, Advocate has filed his vakalatnama on behalf of informant in the court today, the same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Dayal Singh, who is involved in Case Crime No. 262 of 2015, under Sections 302, 504 IPC, Police Station - Java, District - Aligarh.
Learned counsel for the applicant contended that applicant and co-accused Maha Singh have been summoned on the basis of application under Section 319 Cr.P.C. vide order dated 21.03.2017 passed by Additional Sessions Judge, Court No. 1, Aligarh. Police has submitted final report against the applicant and co-accused Maha Singh because they were present in examination held at Sonam Devi Inter College, Etah.
Learned counsel for the applicant further contended that similarly placed co-accused Maha Singh, whose role is similar to that of the applicant, has been enlarged on bail vide order dated 15.11.2017 passed in Criminal Misc. Bail Application No.
- 28536 of 2017 (Maha Singh v. State of U.P.). Hence, the present applicant is also entitled to be admitted to bail on the ground of parity.
Per contra, learned counsel for the informant and learned A.G.A. have vehemently opposed the prayer for bail on the ground that specific role has been assigned to the applicant in causing injury to the deceased.
Police has submitted final report against the applicant Dayal Singh and co-accused Maha Singh for the reason that they were present in the examination hall of Sonam Devi Inter College, Etah. Role of the present applicant is similar to that of co-
accused Maha Singh.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Dayal Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.2.2018 I. Batabyal