The court allowed bail to the applicant in a case under Section 354 IPC. The applicant argued he was similarly situated to co-accused already released on bail. The court found it a fit case for enlargement.
Release of applicant on bail under Section 354 IPC on personal bond and two sureties.
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Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15585 of 2018
Applicant :- Kallu @ Rakesh Shivhare Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Kumar Yadav Counsel for Opposite Party :- G.A.,Sudha Bharti
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that applicant with other co-accused Dinesh and Rajesh have been summoned under Section 354 I.P.C. on the basis of Complaint Case No. 795/2015, filed by the informant. Co-accused Dinesh @ Dinesh Chandra Shivhare has been enlarged on bail by this Court vide order dated 12.01.2018 in Criminal Misc. Bail Application No. 48499/2017, copy of annexed as Annexure-5 to this affidavit. Other co-accused Rajesh has been also enlarged on bail by trial court. The role of applicant is similar to that of co-accused. Applicant is languishing in jail since 24.11.2017.
Learned A.G.A. opposed the prayer of bail.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicants on bail.
Let the applicant Kallu @ Rakesh Shivhare be released on bail in Compliant Case No. 795/2015, under Section 354 I.P.C., Police Station- Asothar, District Fatehpur on furnishing a personal bond and two sureties in the like amount to the satisfaction of court concerned.
Accordingly, the instant bail application is allowed .
Order Date :- 12.7.2018 Sharad/-
2 issues framed by the court
Whether the applicant is fit for bail in a case of sexual offences.
Whether co-accused having been enlarged on bail justifies bail for the applicant.
1 provisions across 1 enactments
Kallu @ Rakesh Shivhare
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
