Ravi Shankar v. State of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow and Another

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14033 of 2023 Applicant :- Ravi Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home, Lucknow And Another Counsel for Applicant :- Devendra Nath Tripahti Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record. The accused-applicant is involved in Case Crime No.0109 of 2023, under Sections 363, 366 and 506 I.P.C., Police Station Hasanganj, District-Lucknow. It is argued by the learned counsel for the applicant that as per the FIR, there is allegation of enticing away the minor daughter of the first informant by the applicant. The incident is false. The applicant has not enticed away the the victim. In her statements u/s 161 and 164 Cr.P.C., the victim has not made any allegation against the applicant. There is no allegation of rape against the applicant. The police has recovered the victim alone from the Metro Station. The applicant is languishing in jail since

3.8.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail of the applicant and submitted that as the victim is minor, her consent has no significance in the eyes of law. From the perusal of the record, it is found that there is allegation of enticing away the 15 years old minor daughter of the first informant. There is nothing on record to show that the victim was minor on the date of the incident. The alleged victim has also not whispered even a single word in her statements against the applicant. The applicant is languishing in jail since

3.8.2023. Perusing the record, considering the facts and circumstances of the case, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a case of bail. The bail application is allowed. Let the applicant Ravi Shankar who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the dates fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the trial court shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 29.11.2023 Gss High Court of Judicature at Allahabad, Lucknow Bench