Shailendra Pandey vs State Of U.P.
2013 Latest Caselaw 2552 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- BAIL No. - 994 of 2013
 

 
Petitioner :- Shailendra Pandey
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Piyush Shukla,Pratyush Shukla
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State of U.P. and perused the record.

It is contended by learned counsel for the applicant that applicant is not named in the FIR, it has been lodged on 1.3.2012 at 8.10 P.M. in respect of the incident allegedly occurred on 29.2.2012 about 5.00 P.M. Six persons are named in the FIR who have been exonerated during investigation. The statement of the prosecutrix under section 161, 164 Cr.P.C. recorded in which she stated that she was working at the shop of Chandani Jewellery, she had gone in the company of the applicant at different places with her free will. The applicant has not committed rape with her. The applicant is in jail since 13.9.2012.

In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.

Let the applicant Shailendra Pandey involved in case crime No. 713 of 2012 under sections 363, 366, 376  I.P.C. and section 3(2)V SC/ST Act, P.S. Gangaghat, District Unnao be released on bail on his furnishing personal bond and two heavy sureties to the satisfaction of the court concerned with the followings conditions:

*That the applicant shall not tamper with the evidence.

**That he shall report to the court of C.J.M. concerned in the first week of the each  month to show his good conduct and behaviour till the conclusion of the trial.

In case of default in any of the above mentioned conditions, the bail granted to the applicant shall be deemed cancelled and he shall be taken into custody forthwith.

Order Date :- 22.5.2013

RPD