SAXENA, J. - (1.) THIS is the third bail application filed on behalf of the petitioner.
(2.) HEARD. Perused the relevant record. The first contention of Shri Kharlia is that the co-accused Asha Ram, the husband of deceased Kiran has already been granted bail by Hon'ble Justice Shri V. G. Palshikar vide order dated 13. 2. 1995 in S. B. Cr. Misc. Bail Appl. No. 208/95 and that the case of the petitioner Manak Chand, who is father of Asha Ram is at par and not distinguishable and, as such, keeping in view the law laid down in Sobha Ram vs. State of U. P. (1) and Nanha vs. State of U. P. (2), the petitioner should also be granted bail. A careful perusal of the statements of Chhagan Lal, Ganesha Ram Bhagwana Ram, Narayan Ram S/o. Moti Ram, Jagdish Prasad and Narayan Ram s/o Nema Ram recorded under section 161 Cr. P. C. unmistakably show that it was the petitioner Manak Chand, who is alleged to have made extra-judicial confession before the afore- mentioned witnesses and who had also touched the feet of Chhagan Lal. These witnesses have not stated that Asha Ram had also made the extra-judicial confession of his guilt. In such circumstances, the allegations levelled against the petitioner Manak Chand are clearly distinguishable and are not similar and par with the allegations levelled against Asha Ram. Therefore, the principal enunciated in the afore-mentioned rulings that if an accused whose case is identically similar, has been enlarged on bail then the similarly situated co-accused is also entitled to be released on bail, cannot be pressed into service in this case. Accordingly, this contention is hereby repelled. The next contention of Shri Kharlia is that the petitioner Manak Chand is an old man aged about 70 years and is suffering from Unstable Angina and, therefore, he should, be released on bail on the ground of his old age and ailment.
(3.) THE learned Public Prosecutor has vehemently opposed this, bail application. Keeping in view all the facts and circumstances of this case as also the gravity of the offence, I do not feel inclined to grant bail to the petitioner on the ground of his old age or ailment. Accordingly, this bail application is hereby dismissed. The petitioner shall however be at liberty to file fresh bail application after the statements of Chhagan Lal, Ganesha Ram, Bhagwana Ram, Narayan Ram s/o Moti Ram, Jagdish Prasad and Narayan Ram s/o. Nema Ram are recorded by the learned trial Judge, who is directed to ensure that the afore-mentioned witnesses are examined at his earliest convenience. . ;