Sonu vs State Of Up
2016 Latest Caselaw 784 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 11
 

 
Case :- BAIL No. - 2150 of 2016
 

 
Applicant :- Sonu
 
Opposite Party :- State Of Up
 
Counsel for Applicant :- Arun Kumar Verma
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Bachchoo Lal,J.

Heard learned Counsel for the applicant, learned  A.G.A. and perused the record.

Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 20 years. In fact at the time of the alleged incident the victim was major. There is material contradictions in the statements of victim recorded under Sections 161 & 164 Cr.P.C. In her statement recorded under Section 161 Cr.P.C. she has made allegation of rape only against co-accused Devendra Kumar @ Devendu. Thereafter, in her statement recorded under Section 164 Cr.P.C. she has made false allegation of rape against the applicant and other co-accused. The co-accused Devendra Kumar @ Devendu, Kashi Ram and Ram Bahadur having identical role have already been granted bail by another Bench of this Court vide orders dated 08.12.2014, 19.02.2015 respectively, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 03.02.2016.

Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role have already been released on bail.

Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

Let the applicant Sonu involved in Case Crime No. 122 of 2014, Under Sections  363, 366, 376-Gha IPC, Police Station Ram Sanehi Ghat, District Barabanki, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

1.   The applicant will not tamper with the evidence. 

2.   The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

3.   The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to  cancel the bail of the applicant.

Order Date :- 17.3.2016

Jitendra