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Vashistha Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 13575 of 2005  RD-AH 9569 (15 May 2006)
CRIMINAL MISC. BAIL APPLICATION NO. 13575 OF 2005
Vashistha Singh .......................................Applicant.
State of U.P........................................Opposite Party.
Hon. Mrs. Poonam Srivastava, J.
Heard Sri V.P. Srivastava, Senior Advocate appearing for the applicant, Sri. V.K. Sharma, Advocate, appearing for the first informant and learned A.G.A. for the State.
This is second bail application. The first bail application was rejected by this Court on 7.2.2005. New ground in the second bail application is that co-accused Bir Bahadur Singh and Rama Shankar Singh have been granted bail by this Court on 3.6.2005. Copy of the bail order has been annexed as annexure no.5 to the affidavit filed in support of this bail application. While granting bail to the co-accused in bail application no. 10314 of 2005, this Court had taken into consideration that identity of the deceased was not fixed by the prosecution and this goes to show that witnesses were not present at the time of incident and also presence of the first informant was said to be doubtful and false implication on account of enmity could not be ruled out. Besides, statement of P.W.1 in Session Trial No. 414 of 2004 has been annexed as annexure no.4 to the affidavit filed in support of this application.
Sri V.K. Sharma, Advocate has emphatically disputed the arguments of the counsel for the applicant and stated that case of the present applicant is not identical to that of the co-accused enlarged on bail. He is alleged to be armed with riffle, whereas other accused are armed with gun. After taking into consideration entire facts and circumstances of the case and arguments, the applicant is entitled for bail on the ground of parity. Hence, the bail application is allowed on the ground of parity.
Let applicant Vashistha Singh s/o Basudav Singh be released on bail in Case Crime No. 259 of 2004, under Sections 147, 148, 149, 302, 404, 504 I.P.C., Police Station Kotwali, District Ballia on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that the applicant shall give an undertaking before the Chief Judicial Magistrate concerned that he will not indulge in any criminal activities and also not threaten the witnesses or tamper with the evidence. If any such report is made either to the court or police, it shall be property enquired into. If any substance is found to be correct, it will be open for the court below to report this Court for cancellation of bail.
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