High Court of Judicature at Allahabad
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Mohan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 21128 of 2005  RD-AH 7126 (3 April 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Mohan, involved in case Crime No. 59 of 2005 under sections 366, 376, 506 I.P.C. read with section 3(2)(5) SC/ST Act, Police station Chandaus, district Aligarh.
Heard Sri Gaurav Kumar Srivastava, appearing on behalf of the applicant and the learned AGA and have perused the record.
The applicant and co-accused Sanjai Singh are alleged to have kidnapped the informant's minor daughter on 16.7.2005 at about 5-6 p.m. and took away in the tube well of Sanjai Singh and committed gang rape on her.
The learned counsel for the applicant submitted that the co-accused Sanjai Singh has been enlarged on bail by an order dated 3.10.2005 in Criminal Misc. Bail Application No. 18784 of 2005-Sanjai Singh Vs. State of U.P. and the case of the applicant is analogous to him.
I have perused the statement of the victim recorded under section 161 Cr.P.C.. She has stated that the applicant and co-accused Sanjai Singh committed rape on her. The case of the applicant being similar to co-accused Sanjai Singh he is entitled for grant of bail on the ground of parity. The bail application moved on behalf of the applicant is allowed.
Let the applicant Mohan, involved in case Crime No. 59 of 2005 under sections 366, 376, 506 I.P.C. read with section 3(2)(5) SC/ST Act, Police station Chandaus, district Aligarh, be enlarged on bail on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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