NAHAR SINGH Vs. STATE OF UP

JUDGEMENT

(1.) "Whether on granting bail by one bench to any accused, another bench also is under obligation to grant bail to the similarly placed co-accused on the basis of the principle of parity without considering the merit", is the main point that falls for consideration in this bail application under Section 439 the Code of Criminal Procedure (in short 'the Cr.P.C.'), in which prayer for bail has been made on behalf of the applicant Nahar Singh s/o Padam Singh, who is facing trial in S.T. No. 623 of 2007 (State vs. Nahar Singh & others) arising out of Case Crime No. 519 of 2007 under Sections 147, 148, 149, 302, 307, 452, 504, 506/34 I.P.C., P.S. Goverdhan, District Mathura.

(2.) An FIR was lodged by Smt. Maya, wife of deceased Satyapal Singh, on 04.08.2007 at P.S. Goverdhan, District Mathura, impleading Nahar Singh (applicant herein), Mahak Singh, Charan Singh, Bhishma, Sundar, Veer Singh, Karan Singh, Narayan, Ajab Singh, Kavita and Premwati as accused. The allegations made in the FIR, in brief, are that when on 04.08.2007 at about 10.30 a.m., Satyapal Singh (husband of the complainant), Smt. Gora (daughter-in-law of the complainant), and Kumari Kavita daughter of Vijay, were coming on the tractor carrying the grass, the accused Nahar Singh armed with country made pistol, Mahak Singh having axe, Charan Singh and Sundar armed with country made pistols, Bhisam having peti of cartridges, Veer Singh armed with gun, Karan Singh having danda, Narayan having farsa, Ajab Singh having saria, Babita having lathi and Smt. Premwati having danda surrounded the tractor, and Nahar Singh fired from country made pistol, which hit Satya Pal Singh (husband of complainant). Other accused having firearms also fired on the husband of complainant. On hearing hue and cry, the complainant Maya, her Devar Vinay and Devarani reached on the place of incident, on which the accused Nahar Singh and Sundar fired from country made pistols on Vinay. Due to the injuries sustained by Satyapal and Vinay, they both died instantaneously. Smt. Sukhdeyee (wife of deceased Vinay) and complainant Smt. Maya also sustained injuries.

(3.) I have heard arguments at length of Sri G.S. Chaturvedi, learned senior Advocate, appearing for the applicant, Sri Rajul Bhargav, Advocate, representing the complainant and AGA for the State.