It is submitted by learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. It is a cross case in which F.I.Rs have been lodged from both the sides and further both the sides have received injuries, therefore, it cannot be said that who is the aggressor of the said incident. It is further submitted that F.I.R., has been lodged against four named and twenty unknown persons with general allegation and later on it is confined to only four named persons including the applicant, with general allegation. However, no specific role has been assigned to the applicant. It is next submitted that co-accused Kamal, has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 18144 of 2021 vide order dated 11.8.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant was on interim bail as per the directive issued by the Apex Court during the period of pandemic of Covid-19, in view of the judgment of the co-ordinate Bench of this Court dated 13.01.2020 passed in Criminal Misc. Bail Application No. 29639 of 2018 (Dhirendra @ Dheeraj Tyagi Vs. State of U.P.). The applicant was in constructive custody of the Court and therefore, the applicant is entitled for consideration for regular bail. Learned counsel for the applicant has lastly submitted that the applicant is in jail since 25.2.2021 and in case he is released on regular bail, he will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
