BUDDHA @ NABI HASAN Vs. STATE OF U P

JUDGEMENT

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

(2.) THE present bail application has been filed by the applicant in case crime No. 59 of 2014, under Sections 376D, 506, 307 IPC, Police Station Laharpur, District Sitapur with the prayer to enlarge him on bail.

(3.) THE submission of the learned counsel for the applicant is that the victim is widow lady aged about 36 years and her husband is said to have died 20 years ago. It has been submitted that in her statement recorded under Section 164 Cr.P.C. she has levelled allegation of rape against three accused persons including the applicant. The other accused Meraz and Taufiq have been granted bail by this Court vide orders dated 14.05.2014 and 23.06.2014 passed in Bail Nos.2407 of 2014 and 4085 of 2014 respectively. It has been submitted that the applicant is also entitled for bail on the ground of parity. It has next been submitted that the applicant is innocent with no criminal history. It has lastly been submitted that the applicant is in jail since 16.02.2014 and in case he is enlarged on bail, he will not misuse the liberty of bail.