HARGOVIND Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The petitioner seeks grant of regular bail in Crime No. 0007/2019, under Sec. 376-D, 342, 323, 120B of Indian Penal Code and Sec. 3/4 of Protection of Children from Sexual Offences Act, 2012 registered at Police Station - Nibohara, District- Agra, Uttar Pradesh.

(2.) It is not in dispute that as per the allegation contained in the FIR, the petitioner is not involved in commission of the offence under Sec. 376 of Indian Penal Code. He is alleged to have played an active role in commission of the said offence by the main accused.

(3.) The petitioner has been in custody from the past three years and two months. The co-accused Veeru @ Virendra (Accused No.3) has already been enlarged on bail by the High Court of Judicature at Allahabad on 7/8/2019. The trial is still going on and will take sometime in conclusion. Taking into consideration the period of sentence undergone by the petitioner and all other attending circumstances but without expressing any view on the merits of the case, we are inclined to grant him bail. The petitioner (Hargovind) is directed to be released on bail, subject to him furnishing bail bonds to the satisfaction of the Trial Court.