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Vishal_Thakur_vt
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The crime was registered on the basis of a dehati nalsi/FIR lodged by the appellant on 29 September 2020. The allegation in the FIR is that the appellant was at Negai Tiraha with the deceased, Vikas Singh (who was his brother in-law) and two other individuals (Rajkishore Rajput and Dharmender Patel). It was alleged that the four accused persons, namely Ujiyar Singh, his two sons Chandrabhan Singh and Suryabhan Singh (the second respondent in the companion appeal) and his driver Jogendra Singh (the second respondent in the lead appeal) arrived in a jeep. Thereafter, allegedly due to a previous rivalry, Ujiyar Singh and Chandrabhan Singh shot at Vikas Singh, while Jogendra Singh held him, leading to his death while Suryabhan Singh hit the appellant on his head with the butt of his gun, leading to an injury. Upon being brought to a hospital, Vikas Singh was pronounced dead, following which the appellant got the FIR registered. Suryabhan Singh and Jogendra Singh filed applications seeking anticipatory bail under Section 438 of the CrPC, apprehending their arrest in relation to the crime. While allowing the application for anticipatory bail of Jogendra Singh, the High Court noted that according to the report submitted by the investigating officer under Section 173 of the CrPC, the investigation did not reveal that he was even present at the spot of crime. The High Court observed that the veracity of such a report could not be questioned at this stage. Further, it held that even if he was present at the spot, there was no allegation against him of having fired at the deceased-Vikas Singh or having provoked Ujiyar Singh/Chandrabhan Singh to fire at the deceased-Vikas Singh. Hence, the High Court passed the following order allowing his application for anticipatory bail. So, looking to the facts and circumstances of the case, the application is allowed and it is directed that if the applicant surrenders himself before concerned court within fifteen days from today, he shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in like amount.