DANISH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(2.) According to prosecution case, F.I.R. was lodged against ten accused persons, namely Chanda, Aslam, Aakash, Suhel, Jamil, Naseem, Nabbo, Maisar and grand son of Saleem alleging that they assaulted Anis with knives, Chhura and sword. He received 12 injuries. One is fatal injury and died. No incised wound was found. It is submitted by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. The applicant is grand son of Saleem. He has no concern with the alleged incident. There is general allegation against the applicant. No specific role has been assigned to him. Chhura has been shown in the hands of the applicant but no incised wound has been found on the body of the deceased. The recovery of knives has been shown on the joint pointing out of applicant and co-accused Aslam, Akash, Chanda, Sonu and Maisar. It has further been submitted that false recovery has been planted against the applicant. There is no eye witness of the alleged recovery. It is further argued that co-accused Jamil, Aakash and Aslam having identical role have already been released on bail by another bench of this court vide orders dated 12.3.2019 and 15.3.2019 in Criminal Misc. Bail Applications No. 34344 of 2018 and 11459 of 2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 24.10.2017.

(3.) Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Jamil, Aakash and Aslam having identical role have already been released on bail.