- (1.) HEARD Sri. A.B.L. Gaur, Senior Advocate for the applicant and learned A.G.A. for the State respondent.
(2.) THIS is the second bail application filed by the applicant in Case Crime No. 352/2012, under Sections 147, 148, 149, 307, 302 and 506 IPC and Section 7 of Criminal Law Amendment Act, P.S. Bharthana, District Etawah with the prayer to enlarge the applicant on bail. The first bail application of the applicant bearing no. 35234 of 2013 was rejected by this Court on 11.3.2014.
(3.) SRI A.B.L. Gaur, Senior Advocate appearing for the applicant has pressed the present second bail application with the averment that subsequent to the rejection of first bail application of the applicant, co -accused Adarsh Yadav@Bhoora@Azad, having identical role, has been granted bail by another Bench of this Court on 9.7.2014 in Cri. Misc. Bail Appl. No. 10221 of 2014. He has contended that identically placed co -accused have been released on bail, the present applicant is also entitled for the same benefit. He also contended with regard to mobile phone that the same does not belong to the present applicant and as such the applicant could not be connected with the call details. He further contended that there are as many as 12 injuries and, thus, on this ground also the role of other co -accused, who have been released on bail, seems to be identical to the role of the present applicant. However, be as it may, a perusal of the order by which bail was granted to other co -accused Adarsh Yadav@Bhoora@Azad on 9.7.2014 would make it crystal clear that the said order has not been passed on merit of the case but has been passed only on the ground of parity with another co -accused Vijai Kumar@ Shani, who has been granted bail by another Bench of this Court on 13.2.2014 in Cri. Misc. Bail Appl. No. 4272 of 2014 i.e. which itself has been granted prior to the order rejecting bail of the present applicant and, therefore, it cannot be said that it is the subsequent development or new ground. It is also apparent from the order granting bail to other co -accused Adarsh Yadav@Bhoora@Azad that the Hon'ble Court was not informed about the fact that the bail of co -accused/present applicant has been rejected by this Court on 11.3.2014.;