Vishnu Kumar Soni v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13278 of 2023 Applicant :- Vishnu Kumar Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Suresh Kumar Yadav, learned counsel for the applicant, Sri Gyanendra Singh, 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. 661 of 2023, under Sections 363, 506 I.P.C., registered at Police Station Deva, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.07.2023 against five persons, including the applicant and his family members alleging that the accused persons had enticed away the informant's daughter.

¶4In the statement of the victim recorded under Section 164 Cr.P.C. she stated that she is in a relationship with the co-accused Shalini Soni for the past 8 months and she loves her. The aforesaid co-accused used to visit her home and she had provided several things to her home and her father often used to demand money from the co-accused Shalini Soni. She further stated that she has gone with the co-accused out of her own freewill. The victim does not level absolutely any allegation against the applicant.

¶5In 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.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that that the applicant has no previous criminal history and he is languishing in jail since

03.09.2023 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Vishnu Kumar Soni 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 :- 8.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench