Ashok Soni v. State of U.P.

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52525 of 2019

Applicant :- Ashok Soni Opposite Party :- State of U.P. Counsel for Applicant :- Indra Mani Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

Learned counsel for the applicant submits that the F.I.R. of the alleged incident was lodged against 4 persons including the applicant. Chargesheet was submitted against the co accused Rajendra Soni and Yadunath Soni who have already been released on bail by another bench of this court vide order dated 11.3.2015 in Cr. Misc. Bail Application No. 8187 of 2015. The applicant and co accused Santosh Soni have been summoned to face trial on the basis of an application u/s 319 Cr.P.C. It has further been submitted that there is general allegation against the applicant, no specific role has been assigned to the applicant. The applicant has not compelled the deceased to commit suicide. There is no cogent evidence with regard to abetment. The co accused Santosh Soni having identical role has already been released on bail by another bench of this court vide order dated 7.11.2019 in Cr. Misc. Bail Application No. 31612 of 2019, therefore, applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and is in jail since 4.11.2019.

Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co accused Santosh Soni, Rajendra Soni and Yadunath Soni have already been released on bail.