The severity of the crime, the criminal record of the applicant, and the possibility of influencing witnesses are significant factors in determining bail eligibility.

JUDGMENT :

1. Heard Sri Rakesh Kumar Chaudhary, Sri Sudhir Kumar and Sri Suhail Kashif, learned counsels for the applicant and Sri P.K. Mishra, learned A.G.A. and Sri S.P. Singh, learned counsel for the informant.

2. The applicant is in jail since 17.07.2019 in connection with Session Trial No.371 of 2019 under Sections-147, 148, 149, 302, 307, 324, 504 & 34 I.P.C., P.S.-Gosaiganj, District-Sultanpur.

3. This is second bail application of the applicant-Jagannath Yadav. The first bail application bearing Bail No.12634 of 2019 had been rejected on 30.05.2020 in the following terms:-

"Heard learned counsel for the applicant seeking bail and Shri Prachish Pandey, learned A.G.A.-I for the State through video conferencing in view of the Covid 19 lockdown on a mention being made by the learned counsel for the applicant.

The instant bail application has been filed by the accused/applicant Sri Jagannath Yadav S/o Sri Ram Piyaare Yadav involved in case crime no. 419/2019, under Sections 147,148,149,307,302,324,504,506,34,120-B IPC, Police Station-Gosainganj, District-Sultanpur.

Contention of Sri Jyotindra Mishra, learned Senior Counsel appearing for the applicant assisted by Sri Kapil Mishra is that the applicant has been assigned role of using Farsa, however, in the postmortem report there are no incise wounds. Only general role has been assigned. Moreover he says that the incident is alleged to be of 2.7.2019, but the F.I.R. was lodged on the next date i.e. 3.7.2019. As regards the informant's statement, in the first statement recorded on 3.7.2019 he did not allege the use of lathi, instead he alleged use of Farsa, but subsequently in his 'Mazeed Bayan' he changed the story to contend that after the Farsa was disloged from the stick appended to it, it is the lathi or stick which was used. He also says that there are cross cases. There are two injured on his side also.

Sri Prachish Pandey, learned A.G.A. submitted that the cross case on behalf of the applicant and others was lodged on an application under section 156(3) Cr.P.C. He says that there are eye witnesses who have specifically assigned the role of using lathi to the applicant Jagannath Yadav after Farsa used by him earlier got stuck in the earth. He has also invited attention of the Court to Annexure CA-7 to contend that the applicant has eight criminal cases against him i.e. he has a criminal record, although he also says that in some of the criminal cases have been attempted to be explained by the applicant. He also says that till date eye witnesses have not been examined, though chargesheet has been filed. The antemortem injuries mentioned in the postmortem report are relatable to the lathi used by the accused Jagannath Yadav. Sri Anil Kumar Tripathi, learned counsel for the complainant has also vehemently opposed the application of the applicant for being enlarged on bail.

Without making any observations on the merits of the allegations truth of which would be seen during trial, considering the facts of the case as noticed hereinabove, specially the criminal record of the applicant and other relevant factors mentioned in the arguments of the learned counsel appearing for the State and the complainant as also the fact that witnesses have not been examined before the Trial Court as yet, as such the likelihood of the trial being influenced adversely, if the applicant is enlarged on bail cannot be ruled out, therefore, this Court is of the view that the applicant is not entitled to be enlarged on bail. The bail application is rejected."

4. The contention of the applicant’s counsel is that out of seven accused, six have been enlarged on bail on various dates i.e. on 19.09.2022, 23.11.2022 and 14.12.2022. They have been enlarged on bail subsequent to rejection of the applicant’s bail application on 30.05.2020. Therefore, he is entitled to be granted bail on the ground of parity. In this context, he submitted on a query being put to him as to whether the other accused had criminal histor