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Krishna Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20555 of 2004  RD-AH 1003 (16 January 2006)
Crl. Misc. Bail Application No. 923 of 2005
Kamla Kant Chaubey Vs. State of U.P.
Cril Misc. Bail Application No. 20555 of 2004
Krishna Singh Vs. State of U.P.
Crl. Misc. Bail Application No. 13331 of 2005
Bhagwati Rai Vs. State of U.P.
Hon'ble M. K. Mittal, J.
These three applicants have been filed by three accused persons for release on bail in case Crime No. 301 of 2004 under Sections 147, 148, 149, 307, 302, 120-B IPC and Section 7 Crl. Law (Amendment) Act, P.S. Kotwali District Ballia and as they arise out of the same Crime they have been heard together.
Earlier the applications of these three applicants were heard by this Court and it was directed on 23.8.2005 that their application shall be considered and decided after the disposal of the Special Leave Petition by the Hon'ble Apex Court in the matter of Munna Chaubey. Now the Special Leave Petition has been decided and therefore these applications have been heard.
Prosecution case is that on 3.7.2004 the three accused applicants along with co accused Kaushal Chaubey, Ajeet Chaubey, Anshuman Chaubey, Navin Chaubey, Arvind Chaubey, Anoop Singh, Munna Chaubey, Avinash Chaubey and Chandra Chood Chaubey were present at P.W.D. Office Ballia. At about 11.10 a.m., Daya Shankar Singh, Akhilesh Singh, Arvind Singh, Kamal Singh, Ajai Singh, Narvadeshwar Pandey, Santosh Kumar, Dharam Singh and Satya Prakash Singh came in Tata Sumo, Ambassadar Car and Qualis for purchasing tender forms in the P.W.D. Office. On seeing these persons Kaushal Chaubey and others who were armed with fire arms started indiscriminate firing on Daya Shankar and others. However, according to the First Information Report the shots fired by these three applicants did not hit any one. In this matter co accused Munna Chaubey has been directed to be released on bail by this Court. Against his release order, the complainant had preferred Special Leave Petition in the Hon'ble Apex Court and the same has been dismissed.
Learned counsel for the applicants has contended that the case against the accused applicant is similar as against Munna Chaubey who has already been directed to be released on bail by this Hon'ble Court. They have claimed the ground of parity for release of these three applicants on bail. Learned A.G.A. rightly conceded that case of these three applicants stands on equal footing with the case of co accused Munna Chaubey. In the circumstances, bail applications are to be allowed and are hereby allowed.
Let the applicants Kamla Kant Chaubey, Krishna Singh and Bhagwat Rai be released on bail in the case crime noted above on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned.
The applicants shall furnish an undertaking also before the C.J.M. concerned that he will not indulge in any criminal activity and will not cause either any threat or any physical violence to the complainant and the witnesses and their family members. If any such report is made by any of the above person either to the Court or the police, it shall be properly inquired into and if any substance therein is found, it shall be open for the court below to report to this Court so that their bail may be cancelled.
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