Ishan Raj Pandey Alias Nikhil Pandey v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2518 of 2023 Applicant :- Ishan Raj Pandey Alias Nikhil Pandey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Vinai Kumar Bhatt,Pushpendra Sahay Saxena Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Vinai Kumar Bhatt, the learned counsel for the applicant, Sri Anant Pratap Singh, the learned AGA for the State, Sri Sachchidanand Shukla, learned counsel for complainant and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 493 of 2023, under Sections 354, 342, 506 IPC and Section 7/8 of Protection of Children from Sexual Offences Act, Police Station Payagpur, District Bahraich.

¶3The aforesaid case has been registered on the basis of an FIR lodged on 10.09.2023 against the applicant and one Jitendra, alleging that when the informant was away, the accused persons took her daughter to the applicant's home and did obscene activities with her, at 8.00 p.m on 31.08.2023.

¶4In the statement of victim recorded under Section 161 Cr.P.C., she stated that the applicant had molested and threatened her. The victim declined to undergo medico legal examination. The statement of the victim recorded under Section 164 Cr.P.C. was at variance with her earlier statement.

¶5Having considered the aforesaid facts and circumstances of the case and keeping in view the fact the applicant is 20 years old young man having no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶6In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Ishan Raj Pandey Alias Nikhil Pandey before the learned Trial Court in the aforesaid complaint case, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness. Order Date :- 7.11.2023 Renu/- High Court of Judicature at Allahabad, Lucknow Bench