Court No. - 8 Case :- BAIL No. - 6157 of 2009 Petitioner :- Pinkoo Pandey @ Sandeep Pandey Respondent :- State Of U.P. Petitioner Counsel :- Vikas Shukla Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
F.I.R., medical report and other relevant papers filed in support of the bail
application.
The submission of learned counsel for the applicant is that the prosecutrix
was in love with the accused-applicant, as averred in para 15 of the bail
application and some letters have also been filed in support of this contention
which are annexed as Annexures No.4 to 7 to the bail application. It is further
contended that since the parents of the prosecutrix were not agreeable to this
marriage as such a false and frivolous case has been concocted against the
accused-applicant. The statement of the prosecutrix has been recorded under
duress.
Learned counsel for the applicant further submits that according to medical
report no definite opinion regarding rape could be given and the age of the
proseuctris is about 17 years. The applicant is in jail since 17.2.2009 and has
no previous criminal history, as averred in para 17 of the bail application.
Considering the overall aspects of the matter and without entering into the
merit of the case, I hereby provide that the applicant, Pinkoo Pandey @
Sandeep Pandey be released on bail in Case Crime No.09/2009, under
Sections 363, 366, 368, 376 I.P.C., P.S. Bakshi Ka Talab, District Lucknow,
on his filing a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned/remand magistrate.
Order Date :- 5.1.2010
Kpy