Rohit v. State of U.P.

Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7851 of 2019 Applicant :- Rohit Opposite Party :- State Of U.P. Counsel for Applicant :- Mayank Yadav,Dinesh Kumar Singh,N/A,Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Shyam Shanker Pandey

Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant, Sri Shyam Shanker Pandey, learned counsel for the first informant and Sri Mithlesh Kumar, learned AGA appearing for the State.

This bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No. 53 of 2018, under Section 376-D, 452, 506, IPC and Section 3/4 Protection of Children From Sexual Offences Act, Police Station Jhinjhana, District Shamli,

The counsel for the applicant has claiming parity of the applicant from coaccused Jaideep, who has been granted bail by another Bench of this Court by means of an elaborate and reasoned order dated 07.08.2019, passed in Criminal Misc. Bail Application No.49204 of 2018. The copy of the order has been produced by the counsel for the applicant is taken on record.

Learned counsel for the first informant as well as learned AGA appearing for the State opposed the prayer for bail, but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.