HARISHCHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.

(2.) By means of this application, the applicant who is involved in Case Crime No. 504 of 2019, under Section 302 I.P.C., P.S. Rasoolabad, district-Kanpur Dehat, is seeking enlargement on bail during the trial.

(3.) Learned counsel for the applicant submitted that although the applicant was named in the first information report but wife of the deceased in her statement has stated that co-accused Chottey Lal had assaulted the deceased with Banka, causing serious injuries to him, as a result of which the deceased has died, while the present accused had caught hold the deceased and to that extent the applicant's role is clearly distinguishable from that of co-accused. No incriminating articles or material has been recovered either from the applicant or on his pointing out. He lastly submitted that the applicant, who is in jail since 23.9.2019 and has no criminal antecedent to his credit, is entitled to be enlarged on bail during pendency of the trial.