Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20271 of 2010 Petitioner :- Amar Deo Yadav Respondent :- State Of U.P. Petitioner Counsel :- Deepak Singh Yadav Respondent Counsel :- Govt.Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated. The applicant is the father of the co-
accused Sheshnath alias Pintoo. The allegation against him is that he assisted
the co-accused to marry with Pratibha Pandey and for this purpose, he
prepared the documents in district Jaunpur. He further referred to the
statements of the prosecutrix recorded under Sections 161 and 164 CrPC and
submitted that the prosecutrix remained in the company of the co-accused for
a number of days and visited few places, and did not raise any objection
which clearly shows that the prosecutrix was a consenting party. He further
submits that the applicant has been maliciously implicated in this case just
because the applicant happens to be the father of the co-accused. The
applicant is in jail since 12.7.2010.
Keeping in view the nature of the offence, evidence, complicity of the
accused, severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Amar Deo Yadav involved in Case Crime No. 258 of 2010,
under Sections 363 and 366 I.P.C., P.S. Pawai, District Azamgarh be released
on bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the court concerned with the following
conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions , the court below shall be at
liberty to cancel the bail.
Order Date :- 4.8.2010
vinay