Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35286 of 2009 Petitioner :- Abhay Shankar Pandey Respondent :- State Of U.P. Petitioner Counsel :- Pramod Kumar Dubey Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Heard Sri Anil Kumar Srivastava, Advocate, holding brief of Sri
Pramod Kumar Dubey, counsel of the applicantd and learned AGA
for the State.
The first and foremost submission made by learned counsel for the
applicant is that the prosecutrix was a consenting party in going
with the applicant and they have married by their free will, as is
evident from the statement of the prosecutrix recorded under
section 164 Cr.P.C. (annexure-2).
Keeping in view the statement of the prosecutrix recorded under
section 164 Cr.P.C., the applicant Abhay Shankar Pandey with
whom the prosecutrix is said to have gone by her free will and has
married with him, may be enlarged on bail.
Let the applicant Abhay Shankar Pandey, son of Moti Chand
Pandey, be released on bail in case crime No. 1500 of 2009, under
sections 363, 366 IPC, P.S. Chilwatal, District Gorakhpur, on his
executing a personal bond of Rs. 25,000/- and furnishing two
sureties each in the like amount to the satisfaction of the Court
concerned.
Order Date :- 25.1.2010
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