NILESH Vs. STATE OF U P

JUDGEMENT

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

(2.) According to prosecution case, F.I.R. was lodged against six accused persons, namely, Rajaram, Nilesh, Kamlesh, Wife of Rajaram, Manoj and Narendra alleging that on 27.10.2017 they assaulted Rajaram, Amrawati, Ramesh, Archna and Subhawati by lathies and dandas. Rajaram received seven injuries. Due to injuries no. 1 and 2 he died. Other injury of the deceased as well as injured were found simple in nature and were not on vital part of the body.

(3.) It is submitted by learned counsel for the applicant that co-accused- Rajaram Chauhan has been enlarged on bail by co-ordinate Bench of this Court vide order dated 31.10.2018 in Criminal Misc. Bail Application No.41792 of 2018 and the case of the applicant is identical to the case of co-accused who has already been enlarged on bail; hence the applicant is also entitled for bail on the ground of parity. The applicant is innocent and has been falsely implicated in the present case. The role of assault by stick has been assigned to the applicant and that was not found on vital part of the body of the deceased. Only two injuries were found on the head of the deceased and it was not clear that who had caused injuries on head of the deceased. There is no independent witness against the applicant. There is no eye witness account against the applicant. The applicant is languishing in jail since 29.10.2017 (about one year and four months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Learned counsel for the applicant further submitted that there is no possibility to get this decided in near future.