VIVEK GAUTAM Vs. STATE

JUDGEMENT

(1.) By this application, the applicant (original accused no. 3) has approached this Court for grant of bail in connection with crime no. 11/2019 punishable under Ss. 364-A, 394, 342, 504 read with Sec. 34 of IPC.

(2.) At the outset, the learned Counsel for the applicant has pointed out that the accused nos. 1 and 2 have already been granted bail by this Court. It is further pointed out that the accused no. 2 was granted bail additionally on the ground that the victim in the present case stated that the said accused was not responsible for the incident in question.

(3.) The learned Counsel for the applicant has invited attention of this Court to the deposition of the victim PW1 before the Sessions Court wherein he has clearly stated that he could not identify the accused nos. 1 to 3. The applicant is accused no. 3 and on this basis, it is submitted that when the victim himself is not supporting the prosecution case, the applicant is entitled to grant of bail. It is informed that the applicant has been in custody since the year 2019.