MOHAN Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri Zafar Abbas, learned counsel for applicant - Mohan and the learned A.G.A in connection with S.T No.62 of 2013 under Sectins 147/302 IPC P.S. Adampur District Amroha.

(2.) Considering the role assigned to applicant Mohan and co-accused Kalia @ Satveer (non-applicant) is of throttling the neck of the deceased which was witnessed by Khoobi an eye-witness as is stated in her statement coupled with the fact that injury no.9 was a ligature mark around the neck adjacent to (sic) 4 cm x 1 cm encircling the neck alongwith 11 other ante mortem injuries which were abraded contusions on the deceased, the court is of the view that it is not a case of parity as the role of the applicant was distinguishable with that of other co-accused persons Mahendra and Nem Chandra who were bailed out as they were tying the hands of the deceased and Lal Singh too a bailed out accused was tying the legs of the deceased as is evident from the statement of the eye-witness Khoobi, there is no good ground to enlarge the applicant on bail.

(3.) The bail application stands rejected.