SABHAJEET KEWAT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.99 of 2008, under Sections 302/34 I.P.C. and Section 3(2)(V) S.C./S.T. Act, Police Station Jai Singhpur, District Sultanpur. It is submitted on behalf of the applicant that in the F.I.R. general allegations of causing injuries by lathi, danda and sickle have been made against all the accused. But in the statement under Section 161 Cr.P.C., the role of knocking down and catching hold has been assigned to the applicant and co-accused Guddu Kewat alias Ashok Kumar who has already been enlarged on bail by this Court's order dated 26.02.2009 passed in Criminal Miscellaneous Case No.1327 (B) of 2009. The role of causing injuries by lathi and sickle has been assigned to other co-accused. It is therefore said that his case is distinguishable from those other co-accused, Guddu Kewat alias Ashok Kumar and is also entitled to get bail on the ground of parity itself. He is said to be in jail from 03.04.2008. There is no criminal history against him. Nothing substantial could be said from the other side. However, the bail is opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the ground of parity and also the fact that case of the applicant is distinguishable from other co-accused, I find it to be a fit case for granting bail. Let the applicant (Sabhajeet Kewat) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.