Subhash v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10788 of 2019

Applicant :- Subhash Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Vakalatnama filed today by Sri Vinod Kumar Srivastava, Advocate and Smt. Usha Srivastava, Advocate on behalf of the complainant is taken on record.

Heard learned counsel for the applicant, learned counsel for the complainant, Sri Manas Bhargava (B.H.), learned counsel appearing for the State and perused the record.

According to prosecution case, F.I.R. was lodged against eight accused persons, namely, Subhash, Sarvesh, Amitesh, Akhilesh, Prashant, Prabhat, Sachin and Rajveer alleging that on 11.11.2018, they assaulting Ajay Kumar @ Munna with iron rods, lathies-dandas, he received three injuries, two are on head, resultantly died. One danda was recovered from the possession of Subhash and 'Belchas' was recovered from possession of Akhilesh and Amitesh without bloodstained.

Learned counsel for the applicant submitted that coaccused Sachin Kumar, Amitesh, Prabhat have already been enlarged on bail by this Court vide order dated 14.2.2019 and 12.3.2019 in Criminal Misc. Bail Application Nos. 3329 of 2019, 10597 of 2019 and 10591 of 2019 and the case of the applicant is identical to the case of coaccused, who has been enlarged on bail, hence the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail since 27.11.2018 (more than three and half months) criminal history has been properly explained. The applicant is innocent and has been falsely implicated in this case. General role has been assigned to applicant. It is not clear who is author of head injuries due to which he died. Recovery was falsely planted by the police. There was previous enmity between the accused and the complainant in which four persons had received injuries from the side of the applicant but case was not registered. There is no independent witness against the applicant. There is no eye witness account against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.