Naveen Kumar Rai v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13337 of 2023 Applicant :- Naveen Kumar Rai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Bal Ram Jakhar,D.P. Dutt Tiwari,Vineet Gupta Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri D.P. Dutt Tiwari, the learned counsel for the applicant as well as Sri Virednra Kumar, 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. 537 of 2023, under Section 354 (Kha), 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, registered at Police Station Sushant Golf City, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on

03.10.2023, alleging that the applicant had molested the informant's minor daughter in a lift. The informant has stated that the informant, society guards and the informant's driver had reached on the spot.

¶4In the statement of the informant recorded under Section 161 Cr.P.C, he stated that the crowd had gathered on the spot and the applicant ran away whereas in the statement of the victim recorded under Section 164 Cr.P.C, she stated that the applicant had been caught by her driver and was taken to the police.

¶5In the affidavit filed in support of the 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 of the 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 the applicant is a young man having no criminal criminal history and he is languishing in jail since 04.10.2023; that the alleged offences carry a maximum punishment of imprisonment upto five years 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-Naveen Kumar Rai 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 Preeti. High Court of Judicature at Allahabad, Lucknow Bench