Mishri Lal @ Sanjay Yadav (But in Fir Mishri Lal Yadav Alias Sanjay Yadav ) v. State of U.P. Thru. Addl. Chief Secy. Home, Lko. and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2222 of 2023 Applicant :- Mishri Lal @ Sanjay Yadav (But In Fir Mishri Lal Yadav Alias Sanjay Yadav ) Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another Counsel for Applicant :- Satendra Kumar (Singh),Nalin Arora Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Satendra Kumar (Singh), the learned counsel for the applicant as well as Sri Anant Pratap Singh, the learned Additional Government Advocate appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0404 of 2023, under Sections 376, 313, 323, 427, 506 I.P.C., 3(2)(va) S.C./S.T. Act, registered at Police Station Chinhat, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 14.09.2023 against the applicant and co-accused-Rakesh Kumar who is applicant's nephew, alleging that the informant continued to be in a relationship with the applicant for the past 7 years but on 18.08.2023 she came to know that the applicant has got engaged to some other girl about 6 months ago and he declined to marry the informant. It is alleged that co-accused Rakesh Kumar Yadav is also involved with the applicant in threatening the informant and his family members.

¶4In the affidavit filed in support of the anticipatory bail-application, it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case.

¶5FIR itself mentions age of the informant to be 27 years and having been in a relationship with the applicant for 7 years without marrying him, the informant is presumed to have acted with full understanding.

¶6Learned counsel for the applicant has submitted that co-accused Rakesh Kumar Yadav has been granted anticipatory bail by means of an order dated 06.10.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 2179 of 2023.

¶7The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶8Having considered the aforesaid facts and circumstances of the case and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Mishri Lal @ Sanjay Yadav (But In Fir Mishri Lal Yadav Alias Sanjay Yadav) before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That 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;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 11.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench