Lavkush v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12457 of 2023 Applicant :- Lavkush Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Amar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amar Singh, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 221 of 2023, under Section 363, 366 I.P.C., registered at Police Station Dhanepur, District Gonda.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 11.07.2023, alleging that the informant's daughter did not return from her school and he suspected that she had been enticed away.

¶4In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she knows the applicant for the past 2-3 years and she loves him. She had gone with the applicant as her family members used to beat her and he has married the applicant.

¶5In the affidavit filed in support of the 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.

¶6The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the statement of the victim recorded by the Magistrate and without making any observations 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Lavkush be released on bail in the aforesaid case, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. (Subhash Vidyarthi,J.) Order Date :- 19.10.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench