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Judgment
Vinit Kumar Mathur, J
Heard learned counsel for the parties.
Learned counsel for the appellant submits that the case of the appellant stands on similar footing to the case of Mohammed Shakil Kaji who was enlarged on bail by this court vide order dated 01.12.2020. He further submits that other similarly situated persons have also been enlarged on bail, therefore, even in the worst circumstances, his case is taken into consideration under section 149 of IPC, he is entitled to be released on bail.
Per contra, learned Public Prosecutor submits that fatal injury was assigned to the deceased by the appellant and one Harlal. As per the Parcha Bayan of Sunil Kumar, the appellant inflicted injury to him with an iron pipe. The Parcha Bayan of the deceased is corroboratted from his postmortem report.
Considering the submissions made and the fact that in the Parcha Bayan of deceased Sunil Kumar, the appellant has been specifically assigned the injury on the head of deceased which is corroborated from his postmortem report, I am not inclined to enlarged the appellant on bail. Consequently, the bail application filed by the appellant is dismissed.