Pradeep v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12832 of 2023 Applicant :- Pradeep Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ram Asarey Verma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ram Asarey Verma, learned counsel for the applicant, Sri Anurag Verma, 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. 273 of 2023, under Sections 363, 366 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station-Ishanagar, District-Lakhimpur Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 11.07.2023 against the three persons, including the applicant, stating that co-accused Vijendra had enticed away the informant's daughter aged about 15 years and the applicant and another co-accused had helped him.

¶4In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she had gone to home of co-accused Vijendra alone; she married him in a temple and thereafter went with him to Uttrakhand. Before the doctor, the victim gave the same statement. In both the aforesaid statements, the victim did not utter a single word about the applicant.

¶5In the statement of the victim recorded under Section 164 Cr.P.C., she stated that all the accused persons have forcibly taken her.

¶6In the affidavit filed in support of bail application it has been stated that the applicant is a 21 years old innocent person having no criminal history, he has been falsely implicated in the present case.

¶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 has not stated anything against the applicant in her statements recorded by the Investigating Officer as also by the doctor, who had conducted her medico legal examination and the applicant is a young man of 21 years having no previous criminal history and he is languishing in jail since 26.07.2023 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-Pradeep 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 :- 1.11.2023 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench