Court No. - 8 Case :- BAIL No. - 7464 of 2009 Petitioner :- Ram Shabad Respondent :- State Of U.P. Petitioner Counsel :- Shama Qidwai,Ramendra Kumar Misra 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. and other relevant papers filed in support of the bail application.
Counter affidavit filed by the State, is taken on record.
The submission of learned counsel for the applicant is that the present
applicant is father of co-accused Veer Pal with whom the prosecutrix, as
alleged, has eloped. It is further submitted that only evidence against the
accused-applicant is that he was seen alongwith Veer Pal at Ricchahi
Chauraha with the prosecutrix.
Learned counsel for the applicant further submits that there is no other
evidence except for the last seen. It is also contended that the applicant is
innocent and has not participated in any way in the present crime. It is also
alleged that the co-accused Veer Pal had married prosecutrix on 5.11.2008, as
averred in para 2 of the supplementary affidavit. The marriage certificate
issued by Arya Samaj Mandir is annexed as Annexure S.A.-1 to the
supplementary affidavit. It is also submitted by learned counsel for the
applicant that since the applicant is father of co-accused Veer Pal as such he
has falsely been implicated in the present case. The applicant is in jail since
13.11.2008, as averred in para 3 of the supplementary affidavit.
Considering the overall aspects of the matter and without entering into the
merit of the case, I hereby provide that the applicant, Ram Shabad be released
on bail in Case Crime No.921/2008, under Sections 363, 366, 368 I.P.C., P.S.
Maholi, District Sitapur, 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 :- 28.1.2010