This court granted bail to the accused applicant, Sunil, involved in a case under Sections 147, 452, 504, 506, and 376-D IPC. The court noted the bail orders of co-accused and the nature of the dispute without examining merits, releasing the applicant on bond with sureties.
Released on bail by furnishing personal bond and two sureties each in like amount.
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Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24999 of 2019
Applicant :- Sunil Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mahima Maurya Kushwaha,Mukesh Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accusedapplicant- Sunil involved in Complaint Case No. 1702 of 2015 arising out of case crime no. 354 of 2014 under Sections 147, 452, 504, 506 & 376-D I.P.C., Police Station- Sahpau, DistrictHathras.
Submission of the learned counsel for the applicant is that victim and the applicant are closely related persons; that there is a dispute amongst them regarding property of land, which is pending before the Civil Court; that the prosecutrix in her statement under Section 161 Cr.P.C. has denied for medical examination, which on the face of it appears to be false and untruth that the victim has been gang raped. It is further submitted that almost with similar roles all the co-accused except the present applicant, have already been granted bail by co-ordinate Benches of this Court, copies of the bail orders have been annexed at annexure-28, 29, 30 and 31 to this application; submission is that applicant is also entitled for bail. It is lastly contended that the accused applicant is languishing in jail since 27.5.2019.
Learned A.G.A has opposed the prayer for bail. However granting bail to co-accused person and parity has not been disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above named applicant involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
shall cooperate in investigation or trial and shall not indulge in any criminal activity or commission of any crime after being released on bail.
Order Date :- 21.6.2019//Fhd.
1 issue framed by the court
Whether the accused applicant is entitled to bail in light of the gravity of the offence and prior bail orders granted to co-accused.
1 provisions across 1 enactments
Sunil
State Of U.P.
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
