UMA SHANKER PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) RAVINDRA Singh, J. This is the second bail application moved by applicant Uma Shanker Pandey with a prayer that he may be released on bail in Case Crime No. 96 of 2005 under Section 302, I. P. C. , P. S. Shankargarh, District Allahabad. Criminal Misc. First Bail Application No. 3585 of 2006 has been rejected by this Court on 4-5- 2006 after considering the merits of the case.

(2.) HEARD Sri Satish Trivedi, Senior Advocate assisted by Sri S. M. Upadhyay, learned Counsel for the applicant, learned A. G. A. for the State of U. P. and Sri Kamlesh Shukla, learned Counsel for the complainant.

(3.) CONSIDERING the facts and circumstances of the case and submission made by learned Counsel for the applicant, learned A. G. A. and learned Counsel for the complainant and after considering the order dated 8-8-2007 passed by another Bench of this Court by which the co-accused Rakesh Garh and Onkar Shukla alias Babbu have been released on bail, the applicant is not entitled to get the benefit of parity because the applicant is having a criminal antecedent and trial is in progress where P. Ws. are being examined. Without expressing any opinion on the merits is of the case, the applicant is not entitled for bail, therefore, his bail application is refused.