Court No. - 16

Case :- CRIMINAL MISC. BAIL APPLICATION No. -

3329 of 2023

Applicant :- Deepu Alias Durgesh Kumar Yadav

Opposite Party :- State Of U.P. Thru. Prin. Secy.

Deptt. Home Lko.

Counsel for Applicant :- Anita Singh,Suman Lata

Counsel for Opposite Party :-

G.A.,Pintoo,Pinntoo Kumar

Hon'ble Subhash Vidyarthi,J.

Heard Ms. Suman Lata, learned counsel for the

applicant, Mr. Manoj Kumar Sahu, learned A.G.A.

for the State and Mr. Ravindra Yadav, learned

counsel appearing on behalf of the informant.

The instant application has been filed seeking

release of the applicant on bail in Case Crime

No.436 of 2022, under Sections 147, 148, 149,

504, 506, 302 I.P.C., registered at Police Station

Sareni, District Raebareli.

The aforesaid case has been registered on the

basis of an F.I.R. lodged on 30.10.2022 at 03.10

hrs. against six named accused persons, not

including the applicant, stating that at about 11.30

p.m. on 29.10.2022 all the accused persons

attacked the informant's uncle with sticks, ballam

and farsa. Upon hearing cries raised by his uncle

the informant Dharmendra Kumar and some other

family members reached there whereupon the

accused persons ran away while threatening them.

The informant's uncle was taken to the hospital

where he was declared to be dead.

The police recorded statements of informant and

some other witnesses, all of whom have supported

the first information report allegation. A lathi is

said to have been recovered on the pointing of the

applicant. One of the eye witnesses of the

occurrence namely Ram Shankar has stated that

the co-accused Bablu was having a farsa and the

applicant and Ram Baran were having lathi.

The postmortem report of the deceased mentions

as many as 17 injuries on his body out of which 13

injuries are incised wounds, one injury is contused

swelling over right temporal from right ear with

fracture, there are multiple abrasions on the right

forearm extending from right elbow to wrist joint,

fracture of both bones of right leg below the knee

joint, abrasion on left proximal pharynx and the

deceased has died because of comma due to ante

mortem head injuries.

Learned counsel for the applicant has submitted

that the allegation against the applicant is of using

a stick and the deceased has not died due to any

injury of a stick. She has further stated that there

is no independent witness of the recovery of the

stick. Learned counsel for the applicant has also

stated that one of the co-accused persons Guddu

@ Akhilesh has already been enlarged on bail by

this court vide order dated 24.01.2023, passed in

Criminal Misc. Bail Application No.913 of 2023 and

as the F.I.R. alleges general allegations against all

the accused persons, the applicant is also entitled

to be released on bail on the ground of parity.

I have considered the facts and circumstances of

the case and submissions made by learned

counsel for the parties.

The co-accused Guddu has been granted bail by

means of order dated 24.01.2023, passed by this

Court after taking into consideration the fact that

the said co-accused is serving as Head Constable

in the State of Chhatisgarh, he had come on leave

and several of the witnesses had stated that he

had been falsely implicated whereas he was trying

to intervene and prevent the incident. The court

has also taken into consideration the fact that the

said co-accused is suffering from mouth cancer.

Therefore, the case set up against the aforesaid

co-accused Guddu, who has been granted bail, is

not at par with the case set up against the

applicant and therefore the applicant is not

entitled to be released on bail on the ground of

parity.

When as many as six persons armed with sticks,

ballam and farsa had attacked the informant's

uncle and the other family members causing

numerous injuries, resulting in death of the

informant's uncle, it cannot be reasonably

expected that t