SATYAVIR Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS Bail application has been moved on behalf of the accused Satyavir in Case Crime No. 58 of 2008 under Section 394, 302, 120 B, 504 & 504 IPC, P.S. Balaini, district Baghpat. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

(2.) AS per prosecution case, a report was lodged on 29.03.2008 by Ajaivir against the applicant and 3 other accused persons with the averments that on 29.03.2008 at 6:00 P.M., when the informant along with his Brother and other persons were sitting in the Baithak at his house, all the accused persons came there having country-made Pistol in their hands. They badly abused them, fired shots with their respective fire arms inflicting injuries to his Brother Mohanvir Singh and he succumbed to the injuries on the spot. On raising the alarm, the accused persons had also threatened to the informant and witness and escaped from there firing shots from their arms. Manoj Yadav was having political annoyance with his Brother Mohan Singh and severally he had threatened him to kill. Titu (non-applicant) is having criminal record and Manoj Yadav used to help him in the case. In collusion and conspiracy of Manoj, murder of hi brother was committed. Later on, it was told to the informant that accused persons succeeded in escaping from there from the Vehicle of Manoj.

(3.) SOLE ground pressed before the Court by the learned counsel for the applicant to release the accused on bail was that co-accused Brahm Singh with similar role in the case was already released on bail under the order of this Court dated 07.11.2009 in Crl. Misc. Bail Application No. 12718 of 2009. Copy of the bail order was also referred by the learned counsel during the course of arguments, which is available on record. Learned counsel for the applicant argued that accused-applicant is in jail since 31.05.2008. Prosecution evidence still not over. Seeing these two facts, this Court (other bench) has granted bail to Brahm Singh and this fact was also considered by the Court that co-accused Manoj Yadav who was involved in this case with the aid of Section 120 B IPC, this court stayed his trial in Crl. Misc. Application No. 13736 of 2009, Manoj Yadav vs. State vide order dated 12.08.2009 by other bench.