Rasul Ahmad v. State of U.P. Thru. Prin.Secy. Home

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13787 of 2023 Applicant :- Rasul Ahmad Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Anupesh Kumar,Sandeep Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Sandeep Singh, the learned counsel for the applicant, Sri Arpit Kumar, the learned AGA for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 325/2023, under Sections 363, 366 IPC, Police Station Fatehpur, District Barabanki.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.06.2023 alleging that the applicant had enticed away the informant's daughter aged about 18 years.

¶4In the statement of the victim recorded under Sections 161 & 164 Cr.P.C., she categorically stated that she had gone away out of her own free will and she did not level any allegation against the applicant.

¶5The victim declined to undergo medico legal examination.

¶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 also keeping in view the fact that the applicant is a young man aged about 20 years having no criminal history and he is languishing in jail since 09.08.2023 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-Rasul Ahmad 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 :- 22.11.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench