but the trial has not been concluded. Learned counsel for the petitioner further submits that similarly situated other accused persons namely Sudhir Kumar Yadav @ Sudhir Kumar, Vishal Kumar @ Vishal Singh, Rajesh Rajak, Rajesh Yadav @ Rajesh Singh @ Rajesh Kumar have been granted bail vide Cr. Misc. No.7930 of 2016, Cr. Misc. No.30342 of 2016, Cr. Misc. No.53795 of 2016 and Cr. Misc. No.10734 of 2017 primarily on the ground that in spite of the order passed by this Court for conclusion of trial within certain period, the trial could not be concluded within stipulated period. It is further submitted that petitioner is not named in the F.I.R. During the course of investigation, the name of the petitioner transpired. The driver of the deceased disclosed that Dhiraj Kumar firstly fired on the deceased, Shailesh Kumar. Thereafter, other accused persons including the petitioner made indiscriminate firing. Kundan Kumar also made statement under Section 164 Cr.P.C. and disclosed that it was Dhiraj Kumar who fired. Consequently, the deceased died. It is submitted that since all the other similarly co-accused persons have already been granted bail, the petitioner also deserves bail.
