An application for bail was filed by the accused in a rape case. The court granted bail relying on parity with a co-accused and the delay in filing the FIR, without expressing an opinion on the merits.
Issued personal bond and two sureties.
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Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27797 of 2018
Applicant :- Yogendra Pratap Singh @ Guddu Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 136 of 2018, u/s 376D, 354Kha, 323, 504 IPC, P.S. Chunar, District Mirzapur with the prayer for enlarging him on bail.
It is submitted by learned counsel for the applicant that the bail is being sought on the ground that the co-accused Nagesh Singh @ Mintu @ Minti whose case stands at par with that of the applicant has been enlarged on bail by the co-ordinate Bench of this Court in Bail Application no. 32815 of 2018, therefore, on the ground of parity the applicant may be enlarged on bail. He next submitted that the F.I.R. has been lodged after five months of the incident and the medical report does not support the prosecution version of rape.
Learned A.G.A. has opposed the prayer for bail. However he could not point out anything material to the contrary.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case the applicant is entitled to be released on bail.
Let the applicant Yogendra Pratap Singh @ Guddu involved in the aforesaid case crime number 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:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.9.2018 Dhirendra/
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity and due to a delay in lodging the FIR and discrepancies in medical evidence.
Whether the present bail application requires an expression of opinion on the merits of the case before granting bail.
Yogendra Pratap Singh @ Guddu
State Of U.P.
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
