(1.) Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondent-State.
(2.) This is a successive bail petition and earlier this petitioner, who has been arraigned as accused No.3, had approached this Court in Crl.P.No.9514/2021. This Court rejected the petition considering the material available on record that there are eye-witnesses to the incident i.e., C.W.1 and C.Ws.11 to 16 and they speak with regard to the presence of the petitioner and also the overt-act that he dragged the victim along with accused Nos.1 and 2 and all of them have assaulted the victim. The cause of death is on account of multiple injuries sustained by him, particularly head injury and death was taken place after 17 days of the incident of assault. This Court taken note of the principles laid down in the judgment of the Apex Court in the case of KUMER SINGH v. STATE OF RAJASTHAN AND ANOTHER reported in 2021 CRL.L.J. 4244, wherein an observation is made that when they are facing the charge of unlawful assembly with the common object and in furtherance of common object, all of them have inflicted injury, the same has to be considered at the time of trial.
(3.) Now, the learned counsel for the petitioner would contend that accused No.1 has been granted bail based on medical evidence that he is suffering from HIV. The learned counsel submits that accused Nos.4 to 6 have also been enlarged on bail by the Trial Court and this petitioner is in custody from 23/7/2021. The learned counsel submits that similar allegations are made against accused Nos.4 to 6 and they have been enlarged on bail and allegations against this petitioner is also that along with other accused persons, he inflicted injury. Hence, on the ground of parity, the petitioner is entitled for bail.