BHAGWAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Applicant- Bhagwan Singh seeks bail in Case Crime No. 120 of 2014 under Sections 147, 148, 149,307, 302 IPC and Section 7 of Criminal Law Amendment Act, Police Station Ayana, District Auraiya.

(2.) Heard learned counsel for the applicant and learned AGA for the State.

(3.) Submission of learned Counsel for the applicant-accused is that a first information report against 8 accused persons including the applicant-accused was lodged alleging that they assaulted the deceased with lathi, stick, axe,spade and country made pistol and Rifle; that in the first information report, no specific role has been assigned to any of the accused but in the statement under Section 161 Cr.P.C role has been specified stating that applicant-accused, co-accused Malol Singh and Kallu Singh were having axe in their hands. However, in the post mortem examination, only injury no.9 is found to be incised wound measure about 6 cm x 5 cm over Rt. Root just above Rt. Loca, but it has not been specified that who has caused this blow. It is also submitted that the co-accused Kallu @ Hemruddh Singh and Malol Singh @ Shivvir Singh who were having axe in their hands have been granted bail by coordinate Bench of this Court on 19.4.2017 and 14.2.2017 in Criminal Misc.Bail Application No. 20556 of 2015 and 2012 of 2017 respectively and the case of the accused-applicant is on the same footings.