Vikash Singh v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46337 of 2023 Applicant :- Vikash Singh Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA for the State as well as the counsel for the informant Sri Mahesh Kumar.

¶2The accused-applicant seeks bail in Case Crime No.169 of 2023 under sections 363, 366 IPC, P.S. Manjhanpur, District Kaushambi.

¶3The FIR in question was lodged as a missing person report alleging that the applicant has enticed away the daughter of the informant. Subsequently, in the statement under section 161 Cr.P.C., the victim has stated that she had gone along with the applicant to Mumbai and she was in love with him. In the statement under section 164 Cr.P.C., she stated that she had gone alone to Mumbai to learn dancing, no averment with regard to the offence made in the statement under section 164 Cr.P.C.

¶4Considering the fact that the statements are in complete variance with the averments made in the FIR and prima facie the offence under sections 363 and 366 cannot be made out, the applicant has no criminal history and is in custody since

23.07.2023 and is a young boy entitled for the bail. Thus the bail application is allowed.

¶5Let the applicant Vikash Singh be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties of Rs.25000/- (Twenty Five Thousand) each of the like amount 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 :- 2.11.2023 VNP/- High Court of Judicature at Allahabad