Narveer v. State of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13078 of 2023 Applicant :- Narveer Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Yuga Raj Singh,Vandana Rawat Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Yuga Raj Singh, learned counsel for the applicant, Sri Sanjay Maurya, 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.230 of 1994, under Sections 147, 148, 149, 452, 323, 366 I.P.C., registered at Police Station Pasgawan, District Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.09.1994 against 8 persons, including the applicant and his younger brother Guddu, stating that the accused persons had forcibly abducted the informant's daughter. Informant's daughter has filed an affidavit dated 09.11.1994 in the court of First Additional Chief Judicial Magistrate Kheri stating that she has married applicant's brother co-accused Guddu on 05.05.1992 against the wishes of her father and, therefore, he has falsely implicated her husband and his family members.

¶4In the affidavit filed in support of bail application, it has been stated that the applicant is 64 years old innocent person having no criminal history.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact tha the applicant has no previous criminal history and he is languishing in jail since 04.09.2023 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Narveer be released on bail in aforementioned 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 :- 6.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench