Court No. - 8 Case :- BAIL No. - 4677 of 2010 Petitioner :- Shesh Narain Mishra & Anr. Respondent :- State Of U.P. Petitioner Counsel :- K.N. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused
the record.
Learned counsel for the applicant submitted that the kidnapped girl is
aged about more than 18 years and is a married lady. The case under
Section 498 I.P.C. was registered against the applicant on the FIR of
the complainant but after taking legal advice, the complainant moved an
application under Section 156 (3) Cr.P.C. and concocted instant case
under Section 364 I.P.C.
Learned AGA submitted that the prosecutrix had come back after
lodging of the FIR but has again gone elsewhere.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Shesh Narain Misra involved in Case Crime No. 481
of 2009, under Sections 364, 504, 506 I.P.C., P.S. kotwali Dehat,
Gonda, District- Gonda be released on bail on his furnishing a personal
bond and two sureties each in the like amount to the satisfaction of the
Chief Judicial Magistrate concerned.
Order Date :- 8.7.2010
Sanjeet