Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10704 of 2018 Applicant :- Vikas Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
According to the prosecution case, the F.I.R. was lodged against eleven accused persons including this accused alleging that on 30.4.2017 at about 6 p.m.informant's brother Jai Prakash was plucking the Palak seed in his field and at that time co-accused Ajit Kumar, Indrajit, Satyam and Nahar Singh shot fire at Jai Prakash on exhortation of six other co-accused persons, as a result of which he fell down. Informant after hearing noise of fire reached on the spot along with others and saw the incident and thereafter the informant brought his brother in Hospital where he was declared dead.
Learned counsel for the applicant submitted that after investigation, final report was submitted against this accused and it was found that the applicant was falsely implicated; subsequently further investigation was conducted and on the same evidence,charge sheet was submitted against the applicant, against which the applicant preferred application under section 482 Cr.P.C. No. 7882 of 2018 and by an order dated 21.3.2018 further proceedings of this case has been stayed against this accused.
Learned counsel for the applicant further submitted that the applicant has been falsely implicated in the present case, he languishing in jail since 31.10.2017 (about 6 months); the criminal history of the accused has been properly explained except one case; the applicant has not been convicted by the court below; all the other co-accused persons have already been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 24.8.2017, 10.10.2017, 10.10.2017, 24.11.2017, 5.12.2017, 22.2.2018, 15.11.2017,10.10.2017 passed in Criminal Misc. Bail Application Nos. 28739 of 2017,32194 of 2017,28969 of 2017,45817 of 2017,47560 of 2017,6418 of 2018,43767 of 2017 and Criminal Misc. Bail Application No.38968 of 2017,respectively, copies whereof have been annexed as Annexure-19 (From Page Nos.124 of 133) of the bail application; the role of the applicant is identical to the co- accused who have already been enlarged on bail, as such he is also entitled to be enlarged on bail on the ground of parity; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; there is no legal evidence against the applicant.
Learned A.G.A. opposed the prayer for bail and admitted that the role of this accused is identical to the role of the accused who have already been enlarged on bail and criminal history has been properly explained.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
Let the applicant Vikas Dubey involved in the Case Crime No.
137 of 2017 under sections 302, 147, 148, 149, 120-B of I.P.C.and Section 7 Criminal Law Amendment Act, Police Station Chaubeypur, District Kanpur Nagar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.4.2018 Su