Supplementary affidavit filed in Court today is taken on record.
Heard Sri Satish Sharma, learned counsel for the applicant and Sri Ashwini Prakash Tripathi, learned A.G.A. for the State.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Lavkush Kol, seeking enlargement on bail involved in Case Crime No.98 of 2017, under Sections 302, 504, 506/34 IPC, Police Station-Koraon, District-Allahabad.
Learned counsel for the applicant at the very outset argued that the applicant has been falsely implicated in the present case. It is argued that four persons have been assigned the role of firing upon the deceased and the deceased has received as many as 8 injuries on his body, but it is not specified as to which injury was caused by the applicant. It is argued that the trial in the present case has started in which the cross-examination of the first informant as PW-1 is continuing. Further, learned counsel for the applicant has placed Annexure-3 to the supplementary affidavit dated 25.11.2019 and stated that the role of the applicant is identical to that of co-accused Murari Lal Kol, who had been granted bail vide order dated 18.10.2019 passed in Criminal Misc.Bail Application No.24970 of 2018 (Murari Lal Kol vs. State of UP). It is argued that the applicant is also entitled to be released on bail on the ground of parity. It is argued that applicant has no criminal antecedent as stated in paragraph No.18 of the affidavit filed in support of bail applicant and is in jail since 31.01.2017.
Per contra learned A.G.A vehemently opposed the prayer for bail and argued that the applicant is named in first information report along with three other co-accused persons and role of assaulting the deceased by all the accused persons has been mentioned therein. It is aruged that the 8 injuries received by the deceased were as a result of assault by four accused persons. It is argued that trial is under progress and release of the applicant at this stage may have an adverse effect thereon.
After having heard learned counsel for the parties and perusing the records it is evident that the applicant along with three co-accused persons has been assigned the role to have assaulted the deceased with lathi danda and kulhari and 8 injuries on the body of the deceased corroborate with the prosecution version. Insofar as the bail of co-accused granted by co-ordinate Bench is concerned, it is trite that parity cannot be the sole ground for grant of bail. At best, it can have a persuasive value on the Court.
Looking to the facts and circumstances of the case,I do not find it a fit case bail, hence, the bail application is rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within a period of six months without giving any unnecessary adjournments to either of the parties strictly in accordance with Section 309 Cr.P.C., subject to any legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
(Samit Gopal, J.) Order Date :- 12.1.2021 LN Tripathi