Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23457 of 2009 Petitioner :- Phool Chandra (Kotedar) Respondent :- State Of U.P. Petitioner Counsel :- Ashwini Kr. Awasthi,Manish Tiwary,N.K.S.Yadav Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
Counsel for the applicant submitted that there was improvement in the
statement under Section 164 Cr.P.C. Earlier, according to her statement she
was in love with one Sharda Prasad Gupta and gone along with him.
However, in the statement under Section 164 Cr.P.C. she has changed her
version and there was allegation of rape against one co-accused Babloo and
not against the applicant and co-accused Sanjay. Co-accused Sanjay whose
case is identical to the applicant has been released on bail in pursuance of the
order dated 20-01-2009 passed in Criminal Misc. Bail Application No.
30925/2009. However, the applicant is in jail since 17-06-2009.
In view of the aforesaid fact without observation on merit let the applicant-
Phool Chandra be released on bail in Case Crime No. 28 of 2009, under
Sections 363, 366, 376, 120-B I.P.C. P.S. Utraon, District-Allahabad on his
furnishing the personal bond of two sureties of the like amount to the
satisfaction of the court concerned.
Order Date :- 1.2.2010
SKG