Gulab v. State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12928 of 2019

Applicant :- Gulab Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- G.A.,Arvind Singh

Hon'ble Aniruddha Singh,J.

Learned counsel for the applicant is permitted to correct the jail date in the memo of the bail application.

Sri B. Narayan Singh, Advocate filed his Vakalatnama on behalf of the complainant is taken on record.

Heard learned counsel for the applicant, Sri B. Narayan Singh, learned counsel for the complainant, Sri H.P. Gupta, learned A.G.A. for the State and perused the record.

According to prosecution case, F.I.R. was lodged against four accused person, namely, Gulab, Pappu, Rajkumar and Rahul alleging that on 11.9.2018 they assaulted Ramsevak Kol. He received seven injuries, one was head and due to head injury he died.

Learned counsel for the applicant submitted that all other coaccused have already been enlarged on bail and Raj Kumar has been enlarged on bail by co-ordinate Bench of this Court vide order dated 15.3.2019 in Criminal Misc. Bail Application No.11539 of 2019 and the case of the applicant is identical to the case of co-accused Raj Kumar, 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 26.9.2018 (more than six months) having no criminal history. The applicant has been falsely implicated in this case. General role has been assigned to the applicant. There is no recovery at the pointing out of the applicant. There is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.