- (1.) B. K. Rathi, J. The applicant has made a request for bail in case crime No. 694 of 1999, under Sections 302,506,1. P. C. , police station Saidpur, district Ghazipur.
(2.) IN brief the case of the prosecution is that on 24-9-1999 at about 8. 00 the applicant and Babu alias Gautam, co-accused assaulted the victim by knife and accused Lallan Yadav fired several rounds of shots at the victim causing his death. The F. I. R. of the incident is prompt Iodgedat9. 10a. m. Ave heard Sri R. N. Rai, learned counsel for the applicant and the learned A. G. A. It is contended that the post mor tem report of the victim show that as many as eleven injuries were caused to the vic tim", out of which injury Nos. 1,2,3,4,6 and 7 are incised wounds which may be of knife. The knife has been assigned to two per sons, the applicant and co-accused Babu alias Gautam. That the rest of the injuries are of fire arm which have been caused by co- accused Lallan Yadav. It is further con tended that in the post mortem report it has been mentioned that death has been due to shock and haemmerhage as a result of anti mortem injuries No. 9 to 11. All these injuries are of firm arm. That the knife injuries has not resulted in the death.
(3.) IT is further contended that the main accused Lallan Yadav has already been enlarged on bail by learned Sessions Judge. That therefore, the applicant is en titled to bail on the ground of parity. Considering the circumstances. I am of the view that the applicant is entitled to bail. However, before parting with this matter it may be mentioned that the learned Sessions Judge has granted bail to co- ac cused Lallan Yadav mentioning wrong facts thereby making out a ground for bail. Cer tified copy of the order of the learned Ses sions Judge granting bail to Lallan Yadav has been produced. The material portion of the same is reproduced below: "although the accused is named in the F. I. R. and he allegedly fired one round on the deceased causing injury to him, but the fact remains there that the injury was caused only in the arm and it could not be said that the same was sufficient for causing death. It is material to note that the other co-accused had given repeated knife blows to the deceased and resulted in to his death but the accused applicant Lallan Yadav did not repeat the fire to kill after he had caused only a fire arm injury on the arm of the deceased. In this view of the matter bail should be granted. The petition is allowed. ";