Allahabad High Court
Shiva Kant Dubey vs State Of U.P. on 23 July, 2010
Author: B.N. Shukla
Bench: B.N. Shukla
Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19059 of 2010 Petitioner :- Shiva Kant Dubey Respondent :- State Of U.P. Petitioner Counsel :- Deepak Kumar Tripathi Respondent Counsel :- Govt. Advocate Hon'ble B.N. Shukla,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for the State.
It is contended by the learned counsel for the applicant that co- accused Sarvesh Kumar Tiwari alias Dhirendra Kumar Tiwari and Arvesh Kumar have been granted bail by this court and case is based on circumstantial evidence.
Learned A.G.A. contended that applicant was also involved in committing the murder of the deceased.
Perused the bail order. The main allegation is against the co- accused Sonu and case of the applicant is distinguishable from the co-accused Sonu.
Considering the facts and circumstances of the case and submissions made by the learned counsel for the applicant and without expressing any opinion on the merits of the case,the applicant is entitled to be released on bail.
Let the applicant Shiva Kant Dubey involved in Case Crime No. 333 of 2009 , under Sections 363, 368, 364, 302, 120-B, 201, 368/34 IPC and section 3 (2) (5) of S.C./S.T. Act Police Station Sarai Ankil District Kaushambi 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.
Order Date :- 23.7.2010 Atul kr. sri.