Amit Kumar Nishad v. State of U.P Thru.Secy. Home Civil Sectt. Lko and 2 Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1332 of 2023 Applicant :- Amit Kumar Nishad Opposite Party :- State Of U.P Thru.Secy. Home Civil Sectt. Lko And 2 Others Counsel for Applicant :- Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dhananjai Kumar Tripathi, the learned counsel for the applicant as well as Sri Anurag Verma, the learned Additional Government Advocate-I 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. 68 of 2023, under Sections 363, 366 IPC, Police Station Rampur Mathura, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 07.04.2023 alleging that the applicant had enticed away the informant's daughter aged 15-16 years. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 19 years and she had gone with the applicant out of her own free will.

¶4As per medico legal examination report, the victim is aged about 20 years.

¶5In the statement of the victim recorded under Section 164 Cr.P.C., she stated that she has married the applicant and she wants to live with him only.

¶6In the affidavit filed in support of the application it has been contended that the applicant is innocent, he has falsely been implicated in the present case and that he has no criminal history.

¶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 statement of the victim 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 during pendency of the trial.

¶9In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Amit Kumar Nishad before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial 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 :- 28.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench