SHAMSHAD Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Rajeev Bhargawa, learned Senior Advocate, assisted by Sri Zia Naz Zaidi, learned counsel for the applicant, Sri Sangam Lal Kesherwani, learned counsel for the complainant and Sri Nikhil Chaturvedi, learned AGA appearing for the State.

(2.) The first bail application of the applicant was rejected by another Bench of this Court (Hon'ble Virendra Vikram Singh,J.), vide order dated 13.05.2014. This is the second bail application filed on behalf of the applicant.

(3.) The new ground which has been argued by the learned counsel for the applicant is that identically situated co-accused Kharoon @ Haroon has been granted bail by this Court vide order dated 11.09.2014, passed in Criminal Misc. Bail Application No. 25188 of 2014, and the applicant is also entitled to be enlarged on bail on the ground of parity. He further submits that from both the sides there deep rooted enmity, and informant has also a criminal history. The said fact have been mentioned in para-14 and 15 of the affidavit. The applicant has criminal history of eight cases, which have been explained properly by the applicant in paragraph nos. 15(i) to 15(viii). He submitted that some of the co-accused who were not charge-sheeted have been summoned under Section 319 Cr.P.C. and trial is lingering on account of them. He submitted that the applicant may be enlarged on bail as he is languishing in jail for last two years, as he is in jail since 29.10.2013.