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Judgment
Deepak Kumar Agarwal, J
The applicant has filed this first bail application u/S.439 Cr.P.C for grant of bail.
Applicant has been arrested on 01.08.2021 by Police Station Barason, District Bhind in connection with Crime No.46/2021 registered for offence punishable under Sections 302, 201, 34, 376-D, 120-B of IPC.
The allegation against the applicant is of gang rape and murder.
It is the submission of learned counsel for the applicant that false case has been registered against him and he is suffering confinement since 01.08.2021. Applicant is a boy aged 21 years. On the basis of statement of mother of deceased, present applicant has been implicated in the alleged crime. After investigation, charge-sheet has been submitted and therefore, further custodial interrogation of the applicant is no more required. Conclusion of the trial will take time. Co-accused Vikky Jatav has been granted bail by this Court vide order dated 01.02.2023 passed in M.Cr.C. No.2677/2023 and the applicant claims parity with co-accused. On the principle of parity, learned counsel for the applicant prayed for bail.
Learned counsel for the State opposed the application and prayed for its rejection.
Both the Advocates are heard. Case diary perused.
Looking to the facts & circumstances of the case and the fact that co-accused Vikky Jatav has been granted bail by this Court vide order dated 01.02.2023 passed in M.Cr.C. No.2677/2023, following the principle of parity, without commenting upon merits of the case, this Court is of the opinion that the application should be allowed and by allowing the application it is ordered that if the applicant furnishes cash security of Rs. 25,000/- alongwith bail bond of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail.
He will present during trial before the trial Court on each and every date.
In case of any default, cash security of Rs.25,000/- shall be forfeited without giving any notice.
Application stands allowed and disposed of.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.