Anchal Shukla v. State of U.P Thru. Prin. Secy.. Home Deptt. Civil Secrt. Lko

Court No. - 28 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13675 of 2023 Applicant :- Anchal Shukla Opposite Party :- State Of U.P Thru. Prin. Secy.. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Kaushal Kishore Tewari,Shivakant Tewari Counsel for Opposite Party :- G.A. Hon'ble Mrs. Jyotsna Sharma,J.

¶1Heard learned counsel for applicant and Sri V.K. Sahi, learned A.G.A. for the State.

¶2The present bail application has been filed by the applicant seeking bail in case crime no. 0460 of 2023, under sections 363, 366 I.P.C. at Police Station-Nighasan, District-Kheri.

¶3As per the version in the FIR, one Dipak Mishra enticed away minor daughter of the first informant. She was later recovered and the matter was investigated upon. A chargesheet has been submitted against Dipak Mishra and investigation is going on against the present applicant.

¶4It is contended on behalf of the applicant that he is innocent and has been falsely implicated in this case. The role ascribed to him is that he persuaded the victim to accompany the main accused Dipak Mishra. Even against Dipak Mishra, the allegations do not go beyond sections 363 and 366 IPC. It is further contended that his name has been deliberately dragged during the investigation as he is related to the accused. The applicant has no criminal history and he is in custody since last one month.

¶5The application for bail is opposed by learned A.G.A., however it is conceded that the applicant has no criminal history prior to this case; the applicant is in custody since last more than one month now.

¶6I considered the nature of allegation, evidence proposed and all other facts and circumstances of the case including explanatory defence offered by the applicant. In my view, a case for bail is made out.

¶7Let applicant -Anchal Shukla be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall not temper with evidence/witnesses.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (a) hearing/framing of charge and (b) recording of statement under Section 313 Cr.P.C. without exception.

(iv) It is further provided that before issuing the release order, present and permanent address of the accused as well as sureties shall also be duly verified and the applicant shall submit undertaking that he shall not change his address without prior intimation to the court concerned.

¶8Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order.

¶9It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 20.11.2023 *Vikram* High Court of Judicature at Allahabad, Lucknow Bench