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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP (Crl.) No.648 of 2024)
DINESH ….. APPELLANT(S)
VERSUS
STATE OF UTTAR PRADESH & ANR. ….. RESPONDENT(S)
WITH
CRIMINAL APPEAL NO. OF 2024
(arising out of SLP(Crl) No. 649 of 2024
O R D E R
Leave granted.
We have heard the learned counsel appearing for the appellants, namely, Dinesh, Sanjay and Vijay, for respondent no.1 State and respondent no. 2/informant Harendra Sikarwar.
By the order dated 15.09.2023, this Court had granted bail to Lal Singh. The first Daily Diary/General Diary entry dated 08.02.2018 had attributed the death of Vikrant @ Deepu to a road accident. Subsequently, there was a change in the allegations and First Information Report 1 /C.C. No. 87 of 2018 was registered on 09.02.2018. The Police, after investigation, had filed closure report. However, after recording statement(s) of the informant/complainant etc., cognizance has been taken by the trial court.
Order of this Court dated 15.09.2023 states that the appellant therein, was not named in the complaint. The complaint mentioned in the order dated 15.09.2023, is with reference to the inquest proceedings and the first Daily Diary/General Diary entry.

The appellants have already suffered incarceration for about eighteen months. This case against them is identical to that against Lal Singh.
Looking at the facts and circumstances of the case, we accept the present appeals and direct that the appellants, namely, Dinesh, Sanjay and Vijay, will be released on bail during the pendency of the trial in criminal case arising out of Complaint Case/FIR No. 87 of 2018 dated 09.02.2018 registered with the Police Station Docky, Agra for the offence(s) punishable under Sections 147, 323 and 302 of the Indian Penal Code, 1860, on terms and conditions to be fixed by the trial court.

In case the appellants interfere with the trial, threaten or interact with the witnesses, or fail to appear before the trial court without any just cause, or comply with the conditions of bail, the trial court will be entitled to cancel the bail.
The impugned judgment/order is set aside and the appeals are allowed in the aforesaid terms.
We clarify that the facts notice above are for the purpose of deciding the appeals and they shall not be treated as an opinion on the merits of the case.
Pending application(s), if any, shall stand disposed of.
………………J.
(SANJIV KHANNA)
………………J.
(DIPANKAR DATTA)
NEW DELHI;
MARCH 04, 2024.

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ITEM NO.3 COURT NO.2 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 648/2024
(Arising out of impugned final judgment and order dated 13-03-2023 in CRMBA No. 50280/2022 passed by the High Court of Judicature at Allahabad)
DINESH Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH & ANR. Respondent(s)
(IA No. 233320/2023 – EXEMPTION FROM FILING O.T.)

WITH
SLP(Crl) No. 649/2024 (II)
(IA No. 230582/2023 – EXEMPTION FROM FILING O.T.)

Date : 04-03-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SANJIV KHANNA
HON’BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Anurag Dubey, Adv.
Mr. Bhupendra Kumar Bharadwaj, Adv.
Mr. Satpal Wadhwa, Adv.
Ms. Manisha Yadav, Adv.
Ms. Geetanjali Setia, Adv.
Mr. S. R. Setia, AOR

For Respondent(s) Mr. Ardhendumauli Kumar Prasad, Sr. A.A.G.
Mr. Vishnu Shankar Jain, AOR
Mr. Ajay Singh, Adv.

Mr. Pulkit Srivastava, AOR

UPON hearing the counsel, the Court made the following
O R D E R
Leave granted.
Looking at the facts and circumstances of the case, we accept the present appeals and direct that the appellants, namely, Dinesh, Sanjay and Vijay, will be released on bail during the pendency of the trial in criminal case arising out of Complaint Case/FIR No. 87 of 2018 dated 09.02.2018 registered with the Police Station Docky, Agra for the offence(s) punishable under Sections 147, 323 and 302 of the Indian Penal Code, 1860, on terms and conditions to
be fixed by the trial court.
The appeals are allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(BABITA PANDEY) (R.S. NARAYANAN)
COURT MASTER (SH) ASSISTANT REGISTRAR
(Signed order is placed on the file)