Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35535 of 2009 Petitioner :- Pradeep Maurya Respondent :- State Of U.P.
Petitioner Counsel :- D. Kumar
Respondent Counsel :- Govt. Advocate
Heard learned counsel for the applicant and learned
AGA.
The first and foremost submission made by learned
counsel for the applicant is that in the statement
recorded under section 164 Cr.P.C., the prosecutrix did
not level any allegations against the applicant Pradeep
Maurya.
Next submission made by learned counsel is that the
prosecutrix has married with co-accused Anil and
applicant has been falsely made accused in the present
case. It is also submitted that an affidavit was filed by
the prosecutrix Luxmi Maurya in the Court of Sessions
Judge, Jaunpur, copy whereof is paper no. 31 in which
also, no allegation of any kind has been levelled against
the applicant Pradeep Maurya.
Having considered the submissions made by learned
counsel for the parties and keeping in view the aforesaid
papers as well as the statement of the prosecutrix
recorded under section 164 Cr.P.C., but without
expressing any opinion about merit, the applicant may
be released on bail.
Let the applicant Pradeep Maurya s/o Rajaram Maurya
be released on bail in case crime 566 of 2009 under
section 363, 366, 368, 376, 342,120B IPC, P.S. Kerakat,
District Jaunpur on his 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 :- 28.1.2010
yachna