Allahabad High Court High Court

Devendra vs State Of U.P. on 16 July, 2010

Allahabad High Court
Devendra vs State Of U.P. on 16 July, 2010
Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18221 of 2010

Petitioner :- Devendra
Respondent :- State Of U.P.
Petitioner Counsel :- Vidya Prakash Singh
Respondent Counsel :- Govt Advocate

Hon'ble B.N. Shukla, J.

Heard learned counsel for the applicant, learned counsel for the
complainant and learned A.G.A. appearing for the State.

It is contended by the learned counsel for the applicant that initially the
case was registered under sections 302, 307 IPC and thereafter
sections 392, 120-B IPC and role of the applicant assigned is standing
and instigation and he did not murder the deceased.

Sri Ram Babu Sharma, learned counsel for the complainant contended
that sections 392 and 120-B IPC have also been added and there is
allegation of standing and instigation against the applicant.

Learned A.G.A. contended that the applicant was involved in
committing the murder of the deceased.

There is allegation of standing and instigation against the applicant.
The applicant is in jail since 13.5.2010. Distinguishing the case of the
applicant to other co-accused and without expressing any opinion on
the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Devendra involved in Case Crime No. 53 of 2010
under Sections 302, 307, 392, 120-B IPC Police Station Pilakhua ,
District Ghaziabad 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 :- 16.7.2010
SU.