Indal Mandal v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12500 of 2023 Applicant :- Indal Mandal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Akash Dikshit Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Shri Akash Dikshit, learned counsel for the applicant, Smt. Parul Kant, learned AGA.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.0234 of 2023, under Section 370(5) IPC, Police Station - GRP, Charbagh, Lucknow, District -Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.06.2023 against four persons, including the applicant, alleging that the accused persons were taking nine children to Punjab for engaging them in child labour activities.

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

¶5It has further been stated that all the children were aged about 14 years.

¶6Learned counsel for the applicant has submitted that as the person being taken by the accused persons were above 14 years of age, they would not fall within the definition of child under Section 2(ii) of the Child Labour (Prohibition and Regulation) Act, 1986. He has further submitted that there is no allegation that the persons were being taken under threats or by using force or fraud etc. and, therefore, the offence under Section 370 is also not made out.

¶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 keeping in view the fact that the applicant is a 27 years old person having no criminal history and he is languishing in jail since 15.06.2023 and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Indal Mandal be released on bail in Case Crime No.0234 of 2023, under Section 370(5) IPC, Police Station -GRP, Charbagh, Lucknow, District -Lucknow on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. Order Date :- 19.10.2023 KR High Court of Judicature at Allahabad, Lucknow Bench