Vinay Kumar vs State Of U.P.
2019 Latest Caselaw 5218 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22716 of 2019
 

 
Applicant :- Vinay Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Hari Prakash Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the FIR of the alleged incident was lodged against 6 persons including the applicant making general allegation for committing marpit with deceased with lathi, danda, kicks and fists. According to post mortem report only two injuries have been found on the body of the deceased. The cause of death of the deceased has been shown haemorrhage, shock and coma due to ante mortem head and chest injuries but it is not specified as to who is the author of these fatal injuries. There is general allegation against the applicant. No specific role has been assigned to him. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has not committed the alleged offence. He has falsely been implicated in this case. The co-accused Urmila Devi, Alok Kumar, Navneet Kumar and Ajeet Kumar having identical role have already been released on bail by this court vide orders dated 1.5.2019, 22.5.2019, 23.5.2019 and 28.5.2019 respectively therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 31.1.2019.

Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused Urmila Devi, Alok Kumar, Navneet Kumar and Ajeet Kumar having identical role have already been released on bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Vinay Kumar involved in Case Crime No. 18 of 2019, under section 147, 302, 504 IPC, P.S. Zafrabad, District Jaunpur be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 30.5.2019

Masarrat