AASHISH YADAV Vs. YASHPAL

JUDGEMENT

(1.) Leave granted

(2.) The present appeal arises from the Impugned Order dtd. 23/08/2024 passed by the High Court of Judicature for Rajasthan, Jaipur Bench in Crl. Misc. Bail Application No.6946 of 2024, wherein the High Court allowed the bail application of the accused respondents on basis of parity observing that the other two co-accused in the case had already been granted bail on the same set of allegations. Aggrieved by the same, the Petitioner has preferred the present appeal.

(3.) The brief facts leading to the present appeal are as under It is the case of the Prosecution that on 28/11/2023 during a marriage procession, the accused respondents got into a fight with the victim, Aman Yadav, during which one person named Vicky @ Kartoos fired seven rounds of bullets out of which one hit the victim killing him, and the remaining bullets hit two other people, Vikash and Naveen at the procession gravely injuring them. Immediately after, the accused respondents and Vicky @ Kartoos fled the location in a car. Following the incident, FIR No. 489/2023 was registered on 29/11/2023 at Kotkasim Police Station, District Khairthlal, Tijara, Rajasthan under Ss. 143, 341, 323, 307, 302 the Indian Penal Code, 1860(hereinafter referred to as 'IPC') and Sec. 3 and 25 of the Arms Act, 1959(hereinafter referred to as 'Arms Act') wherein it was alleged that in furtherance of an existing enmity with the victim, the accused respondents hired the contract Killer, Vicky @ Kartoos, to kill the victim and that he was killed in a planned and pre meditated manner in the middle of a marriage procession. It is also mentioned in the FIR that Yashpal, Raman and their family had been harbouring a grudge against Aman Yadav ever since an argument took place at a well worship ceremony in the village on 19/11/2023.