RANJEET KUMAR Vs. STATE OF U.P

JUDGEMENT

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

(2.) The present bail application has been filed by the applicant seeking enlargement on bail in case crime No. 90 of 2021, under Sec. 293, 506, 376-D IPC and 3/4 of POCSO Act, police station Rakabganj, district Agra.

(3.) Contention is that the applicant is not named in the FIR lodged in the present case and his implication has not surfaced even in statement under Sec. 161 Cr.P.C. It is pointed out that after 16 days the statement of victim is recorded under Sec. 164 Cr.P.C. where improvement is made in original statement and allegation constituting offence under Sec. 376 IPC has been added against six persons. Learned counsel submits that in the medical examination no injury is shown and in view of the medical report the plea of gang rape is not substantiated at all. Learned counsel further claims parity in the matter of grant of bail with co-accused Manish, who has been enlarged on bail by this Court in Criminal Misc. Bail Application No.23190 of 2022. The applicant is stated to be languishing in jail since 23/3/2022. It is further argued that the trial is not likely to conclude shortly and that the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.