Het Singh Yadav, J.;— Supplementary affidavit filed today on behalf of the applicant is taken on record. 2. This is a second bail application. The first bail application of the applicant was rejected by this Court on merits. 3. The applicant, who alleged to have been involved in Case Crime No. 236 of 2012 under Section 307 IPC, Police Station-Mau Aima, District-Allahabad, has moved this application to enlarge him on bail 4. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 5. Learned counsel for the applicant submits that this court rejected the first bail application of the applicant on 17.01.2013. A period of more than nine months has elapsed but still even charge has not been framed against the applicant. Fair and expeditious trial is the right of the accused. Co-accused Mohd. Abrar @ Guddu who has been assigned direct role of causing fire arm injury upon the injured has been enlarged on bail by this court on 29.08.2013. Therefore, the applicant deservers to be enlarged on bail on the basis of judicial parity also. 6. Learned A.G.A. strongly repudiates the submission made as above and contended that fresh ground in moving the second bail application has not been made out. The co-accused who has been granted bail has been assigned role of causing fire arm injury while the applicant Aishdar @ Pinku have caused grievous injuries to the injured by throwing explosive substances upon him. Thus manifestly it is not a case of parity. 7. Having given my thoughtful considerations to the points pertaining to the nature of accusation, prima facie satisfaction regarding proposed evidence and severity of punishment raised as above by the learned counsel of both the sides and on perusal of record, I am of the view that the applicant deserves to be enlarged on bail for the following reasons: (a) The applicant is in jail since 06.08.2012 but the trial is not yet started against him. (b) Co-accused Mohd. Abrar @ Guddu who has been role of actual shooter has been granted bail by this Court. (c) It seems to be a case of judicial parity also.
(b) Co-accused Mohd. Abrar @ Guddu who has been role of actual shooter has been granted bail by this Court. (c) It seems to be a case of judicial parity also. Let applicant-Aishdar @ Pinku involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions that: (i) The applicant will mark his attendance at Police Station-concerned once in the first week of every calendar month during the trial. (i) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to disclose such facts to the Court or to any other authority. (ii) The applicant shall remain present before the Court on the dates fixed for hearing in the case and will co-operate in the trial. In case of unavoidable circumstances for remaining absent, he shall immediately give intimation to the court concerned through counsel and request be made to the trial court that he may be permitted to be present through counsel. (iii) He will not mis-use the liberty of the bail and will not repeat any such instance in future. Deviation of any of the above conditions shall entail cancellation of bail. 8. The trial court shall decide the case expeditiously uninfluenced by the observations made herein above. _____________