SUBASH Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. The applicant through the present application has applied for bail in crime No. 23 of 2005, under Sections 307/302 I. P. C. and 3 (2) (5) S. C. /s. T. Act, P. S. Bishungarh, District Kannauj.

(2.) THE bail prayer of the applicant has been rejected by the learned Sessions Judge on 21-9-2005 vide bail application No. 488 of 2005 vide Annexure No. 15 of the affidavit appended alongwith this bail application.

(3.) IT is submitted by the learned Counsel for the applicant that in this case initially, in the F. I. R. the role of shooting was assigned to all the four accused persons but subsequently the prosecution developed its case and assigned the role of shooting to Nayab Singh and Raj Kumar and anointed the applicants Subash and co-accused Man Singh with the role of catching hold. He further contended that the co- accused Man Singh, who has been assigned the role of catching hold had already been granted bail by this Court on 29-5-2006 vide Criminal Miscellaneous Bail Application No. 10470 of 2006. He had filed the said bail granting order of the co-accused Man Singh on an affidavit as Annexure No. Nil appended alongwith the listing application filed by him on 6-6-2006. He contended that on the same reasoning on which co-accused Man Singh has been granted bail by this Court the applicant is also entitled to be released on bail. Learned Counsel for the applicant also contended that there is no evidence of tempering and the Sessions Judge has wrongly considered that the applicant is trying to temper with evidence.