Shivam Lodh v. State of U.P. Thru. Prin. Secy. Home, Lucknow

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12513 of 2023 Applicant :- Shivam Lodh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lucknow Counsel for Applicant :- Neelu Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Ms. Neelu Singh Chauhan, the learned counsel for the applicant, Sri Akhilesh Vyas, the learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 257 of 2023, under Sections 363, 366, 323 IPC., Police Station Fatehpur Chaurasi, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.08.2023 alleging that the applicant had enticed away the informant's daughter.

¶4In the statement of the victim recorded under Section 161 Cr.p.C., she stated that the applicant and the other co-accused had taken her away on a motorcycle on the pretext that her father was calling her. The applicant was taking her towards Safipur but on the way her mother started calling her and thereafter the applicant dropped her on the way. She categorically stated that the applicant did not commit any misdeed against her.

¶5In the affidavit filed in support of the application it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶6A supplementary affidavit has been filed stating that the applicant's date of birth is 01.01.2002 and he is aged about 21 years.

¶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 victim returned the same day, she stated that the applicant did not commit any misdeed against her and the applicant is a young man aged about 21 years and coupled with the fact that the applicant has no previous criminal history and he is languishing in jail since

18.08.2023 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 applicants on bail in the aforesaid crime.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Shivam Lodh be released on bail in Case Crime No. 257 of 2023, under Sections 363, 366, 323 IPC., Police Station Fatehpur Chaurasi, District Unnao 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 :- 30.10.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench