Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31339 of 2016 Applicant :- Suresh Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sudhir Kumar Tripathi,Sanjai Kumar Singh Counsel for Opposite Party :- G.A.,Arvind Yadav
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 25 of 2016, under Sections 354, 376D, 450, 323, 504 and 506 of the Indian Penal Code as also under Section 3 (2) (V) of the S.C./S.T. Act, Police Station Gulriha, District Gorakhpur is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the first information report was lodged by the husband of the prosecutrix pursuant to the order passed by the concerned Magistrate on an application moved by him in this regard under Section 156 (3) of the Code of Criminal Procedure alleging commission of offences by the applicant and another co-accused Shailendra Kumar under Sections 307, 354, 376/511, 323, 504, 506 and 452 of the Indian Penal Code as a counter blast to the first information report lodged by the applicant against the husband of the prosecutrix under Sections 354A (1), 323 and 506 of the Indian Penal Code as also under Section 11/12 POCSO Act. It is next submitted that there is no medical corroboration of the allegations made by the prosecutrix. It is further submitted that the co-accused Shailendra Kumar to whom prosecutrix had assigned the same role as the applicant, has been granted bail by this Court vide order dated 24th October, 2016 passed in Criminal Misc. Bail Application No. 36896 of 2016 (Shailendra Kumar versus State of U.P.). It is lastly submitted that the applicant, who has no criminal antecedents to his credit and is in jail since 28th July, 2016, is entitled to be released on bail on the ground of parity.
Per contra, the prayer for bail has been vehemently opposed by learned AGA. However, the aforesaid factual aspect of the matter has not been disputed by him Considering the submissions made by learned counsel for the parties, this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.
In view of the above, let the applicant, Suresh Kumar 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. 25 of 2016, under Sections 354, 376D, 450, 323, 504 and 506 of the Indian Penal Code as also under Section 3 (2) (V) of the S.C./S.T. Act, Police Station Gulriha, District Gorakhpur, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by her.
(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.
(B.K. Narayana, J.) Order Date :- 30.3.2018 Sushil/-