PINKI YADAV Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Amit Daga, learned counsel for the applicant, Sri R.D. Yadav, learned A.G.A for the State and perused the record.

(2.) According to prosecution case, the F.I.R. was lodged by Shatrunjay Kumar Singh (uncle of deceased) on 25.8.2017 against unknown persons alleging that on 24.8.2017 some one threw Rahul Singh out of compartment of train, he fell down on the railway track (near Mauranipur (Jhansi) railway station) and died on the spot. The case was registered under Section 304 IPC. During investigation, it was found that Rahul Singh (deceased) was travelling in the train without ticket, some dispute arose between M.K. Gupta (TTE) and Rahul Singh, and T.T.E. handed over Rahul Singh to some police personnel, thereafter deceased Rahul Singh fell down from running train, he received five injuries i.e. one lacerated wound and four abrasion, resultantly died. S.I. Smt. Raj Kumari Gujjar, Constable Asha Dekate, Constable Rekha Shukla, Constable Archana Singh, Constable Pinki Yadav, Constable Mukesh Meena and Constable Satram Meen were on duty. They were also indulged in this Crime.

(3.) It is submitted by learned counsel for the applicant that co-accused namely Mahila Arakshi Asha Dekate has been granted bail by co-ordinate Bench of this Court vide order dated 19.2018 in Criminal Misc. Bail Application No. 8661 of 2018, since the role of the applicant is identical and not distinguishable from the role of co-accused, therefore, the applicant is also entitled for bail.