Sugreev Gupta v. State of U.P. Thru. Secy. Home Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13650 of 2023 Applicant :- Sugreev Gupta Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Km.Rachna Mishra,Anil Kumar Verma,Faiz Ali Khan,Mohammad Sohail Khan,Satish Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ms. Rachna Mishra, the 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 applicants on bail in Case Crime No. 304 of 2023, under Sections 363, 366 IPC, Police Station Indira Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.08.2023 alleging that the applicant had enticed away the informant's minor daughter.

¶4In the statement of the victim recorded under Section 164 Cr.P.C., she stated that her father had slapped her and being angry for the aforesaid reason, she had gone to the applicant's house. She further stated that the applicant and his mother tried to persuade her to go back to her father's house but she did not agree. She categorically stated that she was not enticed away and no misdeed has been committed against her.

¶5The informant declined medico legal examination of the victim.

¶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.

¶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 and keeping in view the fact that the applicant is a young boy aged about 19 years having no criminal history and he is languishing in jail since 05.09.2023 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 case.

¶9Accordingly, this bail application stands allowed.

¶10Let the applicant-Sugreev Gupta 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. Order Date :- 20.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench