Arjun v. State of U.P.And 3 Others

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39679 of 2023 Applicant :- Arjun Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Binod Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged alleging that four persons named in the FIR enticed the daughter of the informant.

¶3It is argued that the main accused with whom the victim had married, has already been enlarged on bail. The applicant has no criminal antecedents.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that even in the statements under Sections 161 and 164 of Cr.P.C., prima facie, there is no material against the applicant coupled with the fact that the main accused Indal has been enlarged on bail by this Court vide order dated 23.09.2022, the applicant does not have any criminal antecedents and is in custody since 25.07.2023, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Arjun be released on bail in FIR/ Case Crime No.89 of 2022, under Sections 363, 366 IPC and Section 16/17 of POCSO Act, Police Station Jaithra, District Etah on his furnishing personal bonds and two reliable sureties of Rs.25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 30.10.2023 akverma High Court of Judicature at Allahabad