SARVESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Viresh Mishra, Senior Advocate assisted by Sri Amit Mishra, learned counsel for the applicant, learned A.G.A. for the State of U.P. and Sri S.P.S. Chauhan and Minakshi Chauhan, learned counsel for the complainant.

(2.) This is second bail application moved on behalf of Smt. Sarvesh Kumar with a prayer that she may be released on bail in Case Crime No. 442 of 2010 under sections 498-A, 304-B, 302 IPC, and section 3/4 D.P. Act, P.S. Pilua, District Etah. The Criminal Misc. First Bail application No. 30134 of 2011 moved on behalf of the applicant has been rejected by this court on 16.1.2012 after considering the merits of the case.

(3.) It is contended by learned counsel for the applicant that the co-accused Surendra Singh who is husband of the applicant has been released on bail by this court on 26.8.2011 in Criminal Misc. Bail Application No. 21667 of 2011, the co-accused Km. Gauri who is Nanad of the deceased has been released on bail by the another bench of this court on 12.10.2012 in Crl. Misc. Bail Application No. 22998 of 2012 and the co-accused Gurav Chauhan, the Dewar of the deceased who gave the information to the police station in respect of the above mentioned incident has been released on bail by learned Sessions Judge, Etah on 20.3.2013. According to the order dated 12.10.2012 passed by the another bench of this court granting the bail to the co-accused Km. Gauri in Crl. Misc. Bail Application No. 22998 of 2012; the co-accused Rohit Chauhan may be responsible for the death of the deceased Smt. Soni Chauhan and her son deceased Harsh Chauhan. In such circumstances, the applicant whose case is distinguishable with the case of co-accused Rohit Chauhan is also entitled to get the benefit of the parity with above mentioned co-accused who has been released on bail.