Kirat v. State of U.P.
Case brief
What is this about?
The single judge allowed the bail application of Kirat, a co-accused in a case involving rape and murder charges, noting the parity with the main accused already granted bail and deficiencies in the evidence against him.
What did the court decide?
Order allowing bail of the applicant Kirat on executing personal bond and furnishing two sureties with conditions regarding tampering with evidence, threatening witnesses, and appearing in trial.
What the court decided
Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43569 of 2018
Applicant :- Kirat Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Imran Ibrahim,Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Kirat in Case Crime No.338 of 2018, under Sections 376D, 307 IPC, Police Station Puranpur, District Pilibhit.
Heard Sri Praveen Kumar Singh, holding brief of Sri Anurag Vajpeyi, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of the learned counsel for the applicant is that the case against the main accused Himanshu Rastogi, as carried in the statement under Section 164 Cr.P.C., ex facie does not disclose commission of the offence of rape. It is pointed out that looking to that statement and all other materials, this Court in Criminal Misc. Bail Application No.32757 of 2018 vide order dated 30.08.2018 has granted bail to Himanshu Rastogi, the main accused. So far as the applicant is concerned, his name does not find mention at all in the statement under Section 164 Cr.P.C., though he is named in the FIR. It is submitted by learned counsel for the applicant that the entire allegations are preposterous with no evidence about them worth reliance, prima facie. It is also urged that the applicant is entitled to bail on ground of parity also.
Issues for consideration
1 issue framed by the court
Whether the bail application of the applicant, who is a co-accused with a main accused already admitted to bail and not referenced in the Section 164 Cr.P.C. statement, deserves to be allowed based on
Parties & counsel
- applicant
Kirat
Coram
Munir
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/43569/2018
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