Court allowed bail to the applicant in a case involving rape, attempt to commit rape, POCSO, and other offences. The applicant was inn.
Released on bail on furnishing personal bond and two sureties subject to conditions of not tampering with evidence and appearing in court.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35561 of 2022
Applicant :- Sanjay Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for molesting the victim and making attempt to commit rape with her with other co-accused persons, namely Suraj and Vijay out of which co-accused Suraj has already been granted bail by coordinate Bench of this Court on 25.11.2021 through Criminal Misc. Bail Application No. 10855 of 2021. Since the role of this applicant is not distinguishable with the role of co-accused, therefore, he is also entitled for bail. There is no criminal history against the applicant. He is languishing in jail since 22.7.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and the fact that co-accused person has already been granted bail and the case of the present applicant is on similar footing and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sanjay Yadav involved in Case Crime No. 237 of 2020, under Sections 376, 511, 354, 504, 506 I.P.C. and Section 7/8 POCSO Act and Section 3(1)(D), 3(1)(Dha), 3(2) (V) S.C./S.T. Act, P.S. Mubarkpur, District Azamgarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 16.9.2022 A. Singh
Digitally signed by ANURAG SINGH Date: 2022.09.19 17:44:56 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail given the co-accused has already been released and the facts are on a similar footing.
Whether conditions precedent for bail are satisfied despite the nature of the offences.
Sanjay Yadav
State of U.P.
Hon'ble Subhash Chandra Sharma,J.
A. Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
