Sunny Kumar v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12717 of 2023 Applicant :- Sunny Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Sectt. Lko And Another Counsel for Applicant :- Aditya Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashish Yadav holding brief of Sri Aditya Prakash Sharma, the learned counsel for the applicant, Sri Rakesh Kumar Singh, the learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.0239 of 2023, under Sections 363 and 366 I.P.C., registered at Police Station Para, District Lucknow West (Commissionerate Lucknow).3.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 19.07.2023, stating that the applicant had enticed away the informant's minor daughter.

¶4In the statement of the victim recorded under Section 164 Cr.P.C. she has stated that she loves the applicant; that she had been scolded by her family members and therefore she had left her home and had called the applicant and started living with him. She categorically stated that no misdeed has been committed against her.

¶5In the affidavit filed in support of bail application it has been stated that the applicant is a 20 years old innocent person, he has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since

02.08.2023.

¶6The learned A.G.A. has opposed the prayer for 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 fact that the applicant is a 20 years old young man having no previous criminal history and he is languishing in jail since 02.08.2023 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Sunny Kumar 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 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 :- 30.10.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench