Court No. - 28 Case :- BAIL No. - 5605 of 2010 Petitioner :- Sipahi Pandhari Yadav Respondent :- State Of U.P. Petitioner Counsel :- D.P.Singh Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the prosecutrix is the
wife of the applicant and three children have also born from their wed-lock.
She lodged the instant case only on account of certain differences. She has
stated in her statement recorded under section 164 of the Code of Criminal
Procedure that she want to continue to live with the applicant as his wife. The
learned counsel for the applicant further contended that no offence is made
out against the applicant.
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 Sipahi Pandhari involved in Case Crime No. 7150 of 2009,
under sections 323, 504, 506 and 376 IPC and 3(1)(X) and 3(2)(V) of the
Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, P.S.
Kotwali, District Unnao 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 :- 28.7.2010
shailesh