PANKAJ YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

(2.) This bail application has been preferred by the accused-applicant- Pankaj Yadav @ Bounser , who is involved in Case Crime No. 145 of 2019, under Sections 376-D and 323 I.P.C., Police Station- Express-way, District- Gautam Buddh Nagar.

(3.) Learned counsel for the applicant submits that applicant is innocent and falsely been implicated in this case; that the applicant is neither named in the F.I.R. nor in the statements under Section 161 and 164 Cr.P.C. of the victim; that medical examination report does not corroborate the prosecution case. It is further submitted that in the similar set of facts co-accused Anjani @ Chhotu, Rajesh Yadav, and Bhola have been graned bail by co-ordinate Bench of this Court vide orders dated 1.11.20219, 30.10.2019 and 14.1.2020 passed in Crl. Misc. Bail Application Nos. 45274 of 2019, 44710 of 2019 and 40423 of 2019 respectively. It is lastly submitted that the applicant has no criminal history, he is languishing in jail since 7.11.2020 and in case he is released on bail he will not misuse the liberty of bail.