Point of Law: Parity cannot be sole ground of bail, as judge is not bound to grant bail on ground of parity.

Headnote:
Indian Penal Code, 1860 - Section 306, 506, 366, 354, Ka, 504, 376, D – Criminal Procedure Code, 1973 - Section 161, 164 - Bail application - Rape - Illicit video clips - Committed suicide - Applicant has moved bail application – Deceased has written that she was committing suicide and for this Kamruddin, Anwar and Mobin were responsible. [Para 10]
Finding of the Court: Applicant was continuously tendering false promise of marriage and by alluring her all accused persons raped her again and again thereafter deceased came in delirious conditions - Accused persons had threatened deceased that if she told anyone about this incident, they would make her porno-graphical videos viral - According to informant deceased had told him and her mother about incident that had happened with her when she recovered - In Ash Muhammad Vs. Shiv Raj Singh considering criminal antecedent, Apex Court cancelled bail granted by High Court and observed that concept of personal liberty of person is not realm of absolutism, but is restricted one - Incarceration in Jail has no significance and no element in society can act in a manner by consequence of which life or liberty of others is Jeopardised.
Result: Application rejected.

JUDGMENT :

1. Heard Sri Sushil Kumar, alongwith Sri Mukul Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

2. Applicant Kamaruddin is the main accused in Case Crime No. 594 of 2020 (S.T. No. 355 of 2021), under Section 306 I.P.C., Police Station Anoopshahar, District - Bulandshahr.

3. The applicant has moved bail application supported with an affidavit and Annexures, stating therein that on 16.11.2020 at about 01:00 p.m. in the noon informant's daughter committed suicide after closing the door of the room hanging upon a Kunda of room, leaving a suicide note on the place of occurrence alleging that the present accused-applicant and co-accused Mobin and Abrar are the reason behind her suicidal death.

4. Earlier also F.I.R. in Case Crime No. 549 of 2020, U/s 366, 376 and 354 I.P.C. was lodged by the deceased against them.

5. After inquest, during the post-mortem ligature mark in size of 29 c.m. x 2 c.m. present around the neck was found. The Doctor opined that the deceased had died due to Asphyxia arised out of ante-mortem hanging. The first informant has reiterated the version of the F.I.R in his statement under Section 161 Cr.P.C. In suicide note it was stated that the deceased was B.A and was the student of LL.B (Ist Year) and applicant - accused Kamaruddin used to come to her frequently. On 03.10.2020, when she went to the Bank, all the accused persons carried her in a vehicle and tried to rape her for which she had lodged F.I.R. Later on when the applicant made an apology and proposed that if she gives favourable statement, he would marry with her. Thereafter, the deceased had given statement in favour of the applicant. On 16.10.2020, after receiving the message of the applicant, she came out of the village at about 04:00 p.m. wherefrom she was forcibly taken by the accused persons and on the pretext of marriage, the applicant committed rape with her and Mobin and Abrar made a illicit video clips of the incident and after describing fear of video they both also committed rape with her and left her in Kasba Chhata and also threatened that if she lodged any case, they would viral that video.

6. The applicant has taken ground that there is no iota of evidence that the applicant had tortured and abetted the applicant. In case crime No. 505 of 2020 under Sections 506, 366 & 354 I.P.C, the victim had denied the allegations in her statement recorded under Section 164 Cr.P.C. The applicant met to the deceased on 03.10.2020 and thereafter an F.I.R in Case No. 549 of 2020 under Sections 366, 376, 354 I.P.C had been lodged in which the applicant has been released on bail by this Court on 11.11.2022 in Criminal Misc. bail Application No. 29731 of 2022. The present case is connected with the above two cases, except these cases, there is no any criminal history to his credit. The statement of the deceased-victim P.W. 1 in the previous case is contrary to her statement under Section161 Cr.P.C. After meeting between the deceased and accused on 03.10.2020, the deceased had committed suicide on 16.11.2020, therefore no case of abetment to commit suicide is made out. Co-accused Abrar and Mobin have been released on bail by the Apex Court and this Court respectively by orders dated 21.11.2022 and 28.11.2022. His bail application has been illegally rejected by the Sessions Judge, Bulandshahr vide order dated 15.03.2022. He is in jail since 17.11.2020. He is a peace loving and law abiding citizen, there is no likelihood of his abscondance and tempering with the prosecution evidence, he is ready to follow all the conditions of bail and is ready to fully cooperate in the trial, therefore the bail application be allowed.

7. The learned A.G.A opposed the bail application and argued that since long the accused persons were committing the crime with the deceased and had made her life worse and hell. They used to rape her repeatedly by showing fear of making the video viral. For an offence of abetment to commit sui

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