Adil v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6329 of 2023 Applicant :- Adil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mohd. Ghayasuddin Khan,Shyam Narain Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Mohd. Ghayasuddin Khan, the learned counsel for the applicant, Sri Jayant Singh Tomar, 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. 48 of 2023, under Sections 363, 366 IPC, Police Station Uchaulia, District Kheri.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.02.2023 alleging that the applicant had enticed away the inforormant's minor daughter on 20.02.2023.

¶4In the statement of the victim recorded under Section 161 Cr.P.C., she stated that she is aged 20 years and she had gone with the applicant out of her own free will and she wants to live with him only.

¶5A similar statement was given by the victim before the Magistrate also.

¶6In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since 20.03.2023.

¶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, 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 case.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Adil be released on bail in Case Crime No. 48 of 2023, under Sections 363, 366 IPC, Police Station Uchaulia, District Kheri 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 :- 6.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench