Court No. - 28 Case :- BAIL No. - 4921 of 2010 Petitioner :- Pramod Yadav Respondent :- State Of U.P. Petitioner Counsel :- Uma Kant Verma Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that no doubt the prosecutrix
was found aged about 16 years on medical examination but there could be a
variation of two years and thus she was major. It was next submitted that the
statement of the prosecutrix was recorded by a Judicial Magistrate before
whom she did not support the story of kidnapping, abduction and rape and
stated that she herself went in the company of the applicant and the applicant
neither committed rape on her nor kidnapped her and she was twenty years at
that time. It was also submitted that according to the statement of the
prosecutrix no case was made out against the applicant.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Pramod Yadav involved in Case Crime No. 166 of 2010,
under sections 363, 366 and 368 IPC, P.S. Jaitpur, District Ambedkar Nagar
be released on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 20.7.2010
shailesh