BHOLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Dinesh Kumar Chaudhary, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

(2.) This bail application has been filed by the accused-applicant, involved in Case Crime No. 182 of 2018, under Sec. 302/34 I.P.C., Police Station Tulshipur, Balrampur for seeking bail.

(3.) It has been contended by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case on account of enmity. He contended that there is a general allegation against the applicant; that there is only one injury of pointing weapon on the body of deceased. He further contended that the case of the applicant is identical to the case of co-accused-Santokhi, who has already been granted bail by this Court on 07.03.2019 in Bail No. 1421 of 2019 and the applicant is also entitled to be released on bail on the ground of parity also. The applicant is languishing in Jail since 20.03.2019. He further submitted that as per statement of witness-Ram Abhilakh, "Bhala" is said to be in the hand of co-accused-Thunai. Weapon used in incident is recovered from co-accused-Thunai.