Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35393 of 2009 Petitioner :- Amit Rawal & Another Respondent :- State Of U.P. Petitioner Counsel :- Piyush Dubey Respondent Counsel :- Govt. Advocate Hon'ble Vijay Kumar Verma,J.
Applicants’ counsel is permitted to make necessary correction in the bail
application.
Sri Sunil Kumar Pathak, Advocate has filed memo of appearance on behalf of
the complainant which is taken on record.
Heard Sri Piyush Dubey, Advocate appearing for the applicants, Sri Sunil
Kumar Pathak, counsel for the complainant and learned AGA for the State.
The first and foremost submission made by learned counsel for the applicants
is that in the statement of the prosecutrix recorded under section 164 Cr.P.C.,
which is part of the case diary, no allegation of rape etc. has been levelled
against the applicants.
Further submission made by learned counsel is that prosecutrix had herself
gone with co-accused Ravi Sharma with whom she was in love.
Having considered the statement of the prosecutrix recorded under section
164 Cr.P.C., but without expressing any opinion about merit of the case, the
applicants may be admitted to bail.
Let the applicants Amit Rawat s/o Dariyab Singh and Gauri Shanker s/o Anil
Kumar be released on bail in case crime no.192 of 2009 under section 363,
366, 368, 376, 506 IPC, P.S. Nai Ki Mandi, District Agra on their 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 :- 27.1.2010
yachna