JAI BHAGWAN Vs. STATE OF U P

JUDGEMENT

(1.) THIS 3rd bail application has been moved on behalf of applicant-accused Jai Bhagwan S/o Mahavir, who is facing trial in S.T. No. 1009 of 2006, State v. Jai Bhagwan and others arising out of Case Crime No. 213 of 2006, under Sections 147, 148, 149, 307, 324 and 302, I.P.C. and Section 3 (2) (v) of S.C./S.T. Act, P. S. Adarsh Mandi Shamli, District Muzaffarnagar. The said session trial is pending in the Court of Additional Sessions Judge, Court No. 2, Muzaffarnagar.

(2.) 1st Bail Application bearing No. 24436 of 2006 was decided on merit by Hon'ble R. N. Mishra, J., vide order dated 18.7.2007, whereby the prayer for bail was declined. After examination of the witnesses including the injured Amit in S.T. No. 1009 of 2006, 2nd Bail Application bearing No. 24599 of 2007 was moved, which was decided by Hon'ble S. C. Nigam J. Having taken into consideration statement of P.W. 2, Amit and other facts, the 2nd bail application was also rejected vide order dated 18.4.2008. The applicant has taken a chance again for bail in this 3rd bail application.

(3.) IT was also submitted by learned counsel for the applicant that all other accused have been granted bail and hence on the ground of parity also, the applicant Jai Bhagwan deserves bail. IT is also submitted in this context that general role of causing injuries to the deceased and injured Amit has been attributed to all the accused persons and no specific role of causing injuries either to the deceased or injured was assigned in the F.I.R. and hence the applicant Jai Bhagwan also should be admitted to bail now, because all other accused are on bail.