Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16359 of 2015 Applicant :- Ashfaq Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Shukla,Jai Prakash Tripathi Counsel for Opposite Party :- Govt. Advocate,Rajesh Yadav
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 641 of 2014, under Sections 376D, 504 and 506 I.P.C., P.S. Ramgarh, District-Firozabad and is in jail since 4.2.2014, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that although the applicant was named in the FIR but no allegation of rape was made against him. The allegation of rape was confined to co-accused Rehan. However, the prosecutrix in her statement under Section 164 Cr.P.C. attributed the role of rape to both the co-accused Rehan and the applicant and 3 unknown persons. He next submitted that since the role of the applicant is identical to that of co-accused Rehan who has already been granted bail by this Court by order dated 2.2.2018 passed in Criminal Misc. Bail Application No. 9913 of 2016 and hence, the applicant who has no criminal antecedents to his credit and is in jail since 4.2.2014 is also entitled to be enlarged on bail on the ground of parity during the pendency of trial.
Per contra learned A.G.A. has opposed the prayer for bail, however, he does not disputed the fact that similarly placed co-accused Rehan has been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant and the facts that the applicant has no criminal antecedents to his credit, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Ashfaq be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 641 of 2014, under Sections 376D, 504 and 506 I.P.C., P.S. Ramgarh, District-Firozabad with the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
Order Date :- 26.4.2018 SA