PYARE LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ajeet Kumar Singh, learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.

(2.) The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 96 of 2019, under Ss. 147, 148, 149, 324, 302 I.P.C., Police Station - Biswan, District - Sitapur.

(3.) Submission of learned counsel for the applicant is that role of firing has been ascribed to co-accused Rammurat and weapon of crime has also been recovered from the possession of another co-accused Chhotkan. It has been next submitted that no recovery has been made from the applicant, despite the fact that complainant in his statement recorded under sec. 161 Cr.P.C. has ascribed the role of firing on the deceased to the applicant but the same has not been supported by one Kailash (injured witness), who has clearly stated that the deceased was filed upon by co-accused Rammurat. It has been further submitted that co-accused of the case namely Deepu and Chhotkan have been granted bail by this Court by means of order dtd. 15/6/2020, passed in Bail nos. 6677 of 2019 and 10154 of 2019, respectively, and the applicant's case also lies on the same footing he is also entitled for bail, on the ground of parity. Learned counsel for the applicant has lastly submitted that applicant is in jail since 1/4/2019.