- (1.) Heard Sri Dhirendra Kumar Srivastava, learned counsel for appellant no.5, Satya Narayan Yadav, Sri Ashok Kumar Maurya, learned counsel for the first informant and the learned A.G.A.
(2.) This is a IIIrd Bail Application moved by the appellant after rejection of Criminal Misc. Ist Bail Application No. 360846 of 2015 vide order dated 14.01.2016 and Criminal Misc. IInd Bail Application No.260806 of 2016 vide order 19.05.2017.
(3.) Learned counsel for the appellants contends that the appellant has been falsely implicated and as per averments made in the First Information Report and the statement of the first informant, appellant no.5/applicant herein, Satya Narayan Yadav, has been assigned with the role of standing at the main gate with spear in his hand along with Rajesh Gupta, who was also assigned with spear and allegedly remained standing outside the gate; that the applicant has not been assigned with the role of causing any injury to deceased Pashupati Nath Mishra or to any of the injured Anil Kumar Mishra or Krishna Kant Mishra; that co-accused Rajesh Gupta has been granted bail by this Court vide order dated 07.12.2018 passed in Criminal Misc. Bail Application No. 4 of 2018 in this Criminal Appeal No.4494 of 2015; that applicant is also entitled to bail on the ground of parity; that applicant is in custody since 29.09.2015.;