The Court granted bail to the applicant, Vinay Kumar, involved in crimes under Sections 304, 34, 272, 273 IPC, and Sec 60(A) Excise Act, noting that a co-accused was previously granted bail in a similar incident and the applicant had been in jail since May 2018.
Released on bail by furnishing a personal bond and two sureties in like amount.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1376 of 2019
Applicant :- Vinay Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar,Anoop Trivedi Counsel for Opposite Party :- G.A.,Brijesh Kumar Yadav,No Name
Hon'ble Umesh Kumar,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accusedapplicant- Vinay Kumar, who is involved in case crime no. 218 of 2018 under Sections 304, 34, 272, 273 I.P.C. and 60(A) of Excise Act, Police Station- Sachendi, District- Kanpur Nagar.
Submission of learned counsel for the applicant is that in the similar set of facts, in respect to the same incident co-accused Shayam Balak Ram Yadav has been provided bail by coordinate Bench of this Court on 25.2.2019 in Crl. Misc. Bail Application No.6351 of 2019; further submission is that learned counsel has produced before the Court similar orders granting bail to other accused, which is taken on record and the case of the applicant stands on better footings. It is lastly contended that the applicant is languishing in jail since 23.5.2018.
Learned A.G.A has opposed the prayer for bail. However granting bail to other co-accused persons and parity has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
any criminal activity or commission of any crime after being released on bail.
Order Date :- 29.5.2019//Fhd.
1 issue framed by the court
Whether bail can be granted to the applicant considering parity with co-accused bail orders and lack of distinct provenance of guilt.
Vinay Kumar
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
