- (1.) HEARD Sri Manmohan Singh, learned counsel for the applicant, Sri Indrajeet Singh Yadav, learned A.G.A. appearing for the State and perused the record.
(2.) IT has been contended by the learned counsel for the applicant that the applicant was not named in the FIR as the same was lodged against two co -accused Nand Lal and Kangres. He further submits that that name of the applicant has come into light for the first time in the statement of the prosecutrix under Section 164 Cr.P.C. along with co -accused Nand Lal and Kangs against whom allegation of rape has been levelled, who have already been granted bail by another Bench of this Court vide orders dated 19.1.2015 and 11.3.2015 in Criminal Misc. Bail Application Nos.1056 of 2015 and 8296 of 2015, copies of which have been annexed at pages -61 to 64 of the bail application, and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 11.10.2014.
(3.) LEARNED A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.;