Shiv Shanker - (1.) -The first bail application of the applicant was rejected on merits of the case on 17.10.2006.
(2.) THIS is the second bail application moved on behalf of applicant Banshidhar Yadav, son of late Surju Yadav in Case Crime No. 287/06, under Section 376/459/380, I.P.C., P.S. Sikarara, district Jaunpur. Heard learned counsel for the applicant, learned A.G.A. and perused the whole record. It is submitted by learned counsel for the applicant that the bail application of co-accused Avdhesh Yadav has been allowed by Hon'ble Mr. Justice K. N. Sinha vide order dated 6.12.2006, passed in C.M.B.A. No. 26965/2006. The case of present applicant is identical on the same footing with the co-accused Avdhesh Yadav. Therefore, his second bail application is also liable to be allowed.
(3.) LEARNED A.G.A. has opposed the prayer for bail by submitting that the case of the present applicant is not identical on the same footing with the co-accused Avdhesh Yadav as the bail application of co-accused Avdhesh has been granted on the basis of diabetic disease. In the present case, there is specific allegation in the F.I.R. as well as the statement of prosecutrix that the present applicant alongwith co-accused Avdhesh committed gang rape with her without her consent. The first bail application of present applicant has already been rejected on merits of the case by Hon'ble Mr. Justice R. N. Misra vide order dated 17.10.2006, passed in C.M.B.A. No. 19617/06. Thereafter it was released by Hon'ble Mr. Justice K. K. Misra, then it has been produced before this Bench.;