Counter affidavit filed by learned A.G.A. on behalf of State be taken on record.
Heard learned Counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submits that applicant is not named in the F.I.R. The victim in her statement recorded under Section 161 Cr.P.C. has not made any allegation of rape against the applicant. It has further been submitted that victim in her statement recorded under Section 161 Cr.P.C. has stated that she had gone with co-accused Umesh to Ludhiana on her own sweet will. Thereafter in her statement recorded under Section 164 Cr.P.C. the victim has made false allegation of rape against the applicant and other co-accused. It has further been submitted that co-accused Veeru Singh @ Beeram Singh having identical role has already been granted bail by this Court vide order dated 25.01.2016, therefore, the applicant is also entitled for bail on the ground of parity. There is no criminal history of the applicant and he is in jail since 10.09.2015.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the fact that co-accused having identical role has already been released on bail.
Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Ratan Kumar Maurya involved in Case Crime No.86 of 2015, Under Sections 363, 366, 376 IPC and 3/4 of POCSO Act, Police Station Itiyathok, District Gonda, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not pressurize/intimidate the prosecution witnesses and cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 8.2.2016 Jitendra