High Court of Judicature at Allahabad
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Yogendra @ Dimpal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 11403 of 2006 [2006] RD-AH 10644 (14 June 2006)
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Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Yogendra alias Dimpal indicted in case crime No. 205 of 2006 under sections 147, 148,302 I.P.C. P.S. Shahpur District Muzaffarnagar.
Heard Shri Amit Daga, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that the prosecution case rests on circumstantial evidence and co-accused Dr. Shugan Chandra Tyagi and Parmender alias Dimpi have been enlarged on bail by the orders of this court dated 1.6.2006 and 6.6.2006 passed in Criminal Misc. Bail Applications no. 10635 of 2006 and 10751 of 2006 respectively and the applicant being placed in similar circumstances is entitled to bail on ground of parity. The learned counsel argued that the witnesses made a belated disclosure about having seen the applicant and co-accused in the company of the victim.
The learned A.G.A. conceded that the case of the applicant is similar to that of co-accused Dr. Shugan Chandra Tyagi and Parmender alias Dimpi.
I have taken into consideration the submissions advanced on behalf of both the parties.
The prosecution case hinges on circumstantial evidence. The co-accused Dr. Shugan Chandra Tyagi and Parmender alias Dimpi have been enlarged on bail by this court .The case of the applicant is analogous to that of co-accused Dr. Shugan Chandra Tyagi and Parmender alias Dimpi. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Yogendra alias Dimpal indicted in case crime No. 205 of 2006 under sections 147, 148,302 I.P.C. P.S. Shahpur District Muzaffarnagar, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Aks/11403/06
14.6.2006
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