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

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13289 of 2023 Applicant :- Vishnu Kumar Soni Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Suresh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Suresh Kumar Yadav, the learned counsel for the applicant as well as Smt. Parul Kant, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 723 of 2023, under Section 363, 323, 506 I.P.C., registered at Police Station Deva, District Barabanki.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 17.08.2023 against the applicant Vishnu Kumar Soni and his unknown accomplices, alleging that the applicant's sister-in-law Salini Soni and the applicant-Vishnu Kumar Soni Soni have taken away the informant's daughter.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶5A copy of the statement of the victim recorded under Section 164 Cr.P.C has been annexed with the affidavit wherein she stated that she is in love with the applicant's sister-in-law Salini Soni, her father used to demand money from Salini and she has given money to her father on several occasions and she had gone with Salini out of her own free will. The victim did not level any allegation against the applicant.

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

¶7Having considered the aforesaid statement of the victim and also keeping in view the fact that the applicant has no criminal history and he is languishing in jail since 03.09.2023 and without making any observations 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.

¶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 the 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