Court rejected bail application for applicant accused of murder, noting lack of parity as his role involved firing unlike the co-accused. Ordered expedited trial under CPC 309.
Bail application dismissed; no relief granted.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53387 of 2019
Applicant :- Sandeep @ Raghu Pasi Opposite Party :- State of U.P. Counsel for Applicant :- Navin Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A.
Hon'ble Yashwant Varma,J.
Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.57 of 2019, under Section 302 I.P.C., Police Station Dhoomanganj, District- Prayagraj with the prayer to enlarge him on bail.
Although the prayer for bail is addressed in light of the order passed on Criminal Misc. Bail Application No.30713 of 2019 enlarging the co-accused on bail, however the Court finds no ground to accord parity since as the said order notes that the applicant there had only be assigned the role of catching the deceased. That order itself records that the role of firing was assigned to the applicant here. The commission of the crime has been duly witnessed by Jitendra Pasi who is an independent witness and has unequivocally identified the applicant.
Accordingly the Court finds no ground to enlarge the applicant on bail except to dispose of this application with the observation that the concerned Sessions Judge shall endeavour to conclude the trial with expedition and bearing in mind the provisions made in Section 309 Cr.P.C.
Order Date :- 3.12.2019 Vivek Kr.
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused who was granted bail.
2 provisions across 2 enactments
Sandeep @ Raghu Pasi
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
