Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
This bail application has been moved on behalf of the applicant Smt. Sobha Beldar who is involved in Case Crime No. 370 of 2009, under Sections 498, 366, 368, 344, 376, 392, 323, 506 and 120-B I.P.C. and 4/5/6/9 of Anaitik Deh Vyapar Adhiniyam, Police Station Kotwali Orai, district Jalaun. Heard learned counsel for the applicant and learned A.G.A. It has been submitted by learned counsel for the applicant that co-accused of this case Ajju @ Aziz has been granted bail on merits by this Court on 1.2.2010 in Crl. Misc. Bail Application No. 22216/09. My attention has been drawn by learned counsel for the applicant towards annexure - S.A. 1 to the supplementary affidavit filed today. This is the statement of Smt. Reenu Yadav who is the complainant of the case. Before the trial court where she has been examined as P.W. 1 in the relevant S.T. No. 36/09 she has stated in her statement at page 5 that she had never stayed with Shobha Beldar, the applicant, either at her residence or at any other place. She has further stated that the applicant did not invite any person and it is not true to say that any such person has committed rape upon her. However, she has levelled allegations against some other co-accused of the case. Drawing my attention towards this part of the statement of the prosecutrix, the learned counsel for the applicant has stated that similar is the case of the accused Ajju @ Aziz who has been granted bail, reference whereof has been given above in this order.
The bail application has been opposed by learned A.G.A. I have examined all the relevant documents, bail order of Ajju @ Aziz and the statement of the prosecutrix before the learned lower court and I am of the view that the case of the applicant is at par with the case of co-accused Ajju @ Aziz. In these circumstances, the applicant is entitled to be released on bail. It should be mentioned here that I have expressed no views regarding merits of the case which is pending before the learned lower court. Let the applicant Smt. Sobha Beldar who is involved in Case Crime No. 370 of 2009, under Sections 498, 366, 368, 344, 376, 392, 323, 506 and 120-B I.P.C. and 4/5/6/9 of Anaitik Deh Vyapar Adhiniyam, Police Station Kotwali Orai, district Jalaun be released on bail on her executing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 2.4.2010 S.B.