MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) "Whether on rejecting bail application of any accused by one Bench, another Bench is bound to reject the bail application of similarly placed co-accused on the princi­ple of parity," is one of the main points, which falls for consideration, in this bail application under section 439 Cr.P.C., by means of which, prayer for bail has been made on behalf of the applicant Manoj son of Gajendra Singh, who is facing trial in S.T. No. 308 of 2006 (State v. Gajendra and others), arising out of Case Crime No. 654 of 2005 under sections 147, 148, 149, 302, 504, 506 I.P.C. P.S. Kotwali, Bulandshahr.

(2.) AN FIR was lodged at P.S. Kotwali Nagar, Bulandshahr on 5.11.2005 by Smt. Manju Verma wife of Mukesh Verma. A case under sections 147, 148, 149, 307, 504 and 506 I.P.C. was registered at case Crime No. 654 of 2005 against Gajendra Singh, Ballu, Indrapal, Mahipal, Manoj (applicant herein), Chhattrapal and Sonu Verma @ Sonveer. The allegations made in the FIR, in brief, are that when on 5.11.2005 at about 2:30 p.m., Mukesh (hereinafter to be re­ferred as deceased), husband of the complainant Smt. Manju Verma, was sitting on his shop, the accused Gajendra Singh and his sons Manoj and Chhattrapal having knives in their hands and Babloo, Indrapal, Mahipal and Sonu Verma @ Sonveer armed with country made pistols and revolver entered into the shop of complainant, situ­ated in Mohalla Sunarowali Gali, Bulandshahr and with a view to cause the death of Mukesh, the accused Gajendra Singh gave knife blow in his chest and thereafter on the exhortation of accused Babloo, the accused persons having fire arms fired from their respective weapons, due to which the de­ceased Mukesh as well as one customer Mukesh son of Chandra Kishore, who had come to purchase the goods on the shop, sustained injuries. It is further alleged in the FIR that the accused Manoj and Chhat­trapal also gave knife blows to the husband of the complainant. This incident is said to have been witnessed by the complainant Smt. Manju Verma and Farookh as well as by near by shop keepers.

(3.) I have heard lengthy arguments of Sri Vijay Shankar Misra, Advocate appear­ing for the applicant, Sri Mukhtar Alam Advocate representing the complainant and AGA for the State.