Court No. - 6 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11034 of 2010 Petitioner :- Rajendra Prasad Maurya Respondent :- State Of U.P. Petitioner Counsel :- Rupak Chaube Respondent Counsel :- Govt Advocate Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant and the learned A.G.A.
The applicant Rajendra Prasad Maurya who is accused in case crime no. 109
of 2010, under Sections 354, 342, 504 and 506 I.P.C. and Section 3(i) SC/ST
Act, P.S. Maduadih, District Varanasi has filed this application for being
enlarged on bail during the pendency of the trial.
It is contended by learned counsel for the applicant that although in the FIR it
has been alleged that the prosecutrix had been kidnapped by the applicant
along with the other co-accused but the prosecutrix in her statement recorded
under Section 161 Cr.P.C., has took summer salt from the FIR version and has
alleged that she had been kidnapped by two unknown persons, the applicant
and co-accused Vinod Kumar Tripathi joined the kidnappies subsequent. It
has further been contended that the prosecutrix in her statement has not
attributed any overt act of any kind to the applicant. It has next been
contended that the applicant who is in jail since 14.4.2010, has no criminal
history to his credit and hence he is entitled to be enlarged on bail.
The prayer for bail is however, vehemently opposed by the learned AGA.
Without expressing any opinion on the merits of the matter, I consider it
appropriate to release the applicant on bail.
Let the applicant Rajendra Prasad Maurya involved in case crime no. 109 of
2010, under Sections 354, 342, 504 and 506 I.P.C. and Section 3(i) SC/ST
Act, P.S. Maduadih, District Varanasi be released on bail on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
Court concerned subject to the following conditions:-
1. The applicant shall record his attendance before the concerned C.J.M. on
7th day of every month.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall co-operate in the early conclusion of the trial and will
not seek any unnecessary adjournments.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 15.6.2010
Prabhat