NUSRAT Vs. STATE OF U.P.

JUDGEMENT

(1.) - Prayer for bail in this application under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.') has been made on be­half of applicant Nusarat, s/o Ali Hasan, who along with other accused is facing trial in S.T. No. 169 of 2008 (State v. Nusarat & others) arising out of Case Crime No, 129 of 2007, under section 302, IPC, P,S. Dhaulana, District Ghaziabad.

(2.) AN FIR was lodged on 6.9.2007 at 2.30 p.m by Anees Ahamad, s/o Gulam Mohammad, at P.S. Dhaulana, District Ghaziabad, where a case under section 302, IPC was registered at Crime No, 129 of 2007 against Nusarat (applicant herein), Isha, Nagga and Inshaf Ali. The allegations made in the FIR (Annexure-1), in brief, are that on 6.9.2007 at about 1.00 p.m., the ac­cused Nusarat, Isha, Nagga and Inshaf Ali committed the murder of Sarvar (brother of the complainant) by causing injuries by means of firearms.

(3.) THE first and foremost submission made by learned Counsel for the applicant was that the co-accused Isha has been granted bail by lower Court, vide order dated 20.1.2009, passed in bail application No. 37 of 2009 and hence, on the basis of the principle of parity, the applicant also is entitled to be released on bail, because the role of all the accused persons in the al­leged incident was identical and all the ac­cused persons are alleged to have fired on the deceased.