Srinayak @ Mantu Gaud v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5869 of 2023 Applicant :- Srinayak @ Mantu Gaud Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Niyaj Ahmad,Manoj Kumar Nishad,Pradeep Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ashutosh Mishra, the learned counsel for the applicant as well as Sri Rakesh Kumar Singh, 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. 08 of 2023, under Section 354-Kha, 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act and 66E of Information Technology Act, and Sections 3(2)(5) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Ahirauli, District Ambedkar Nagar.

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

11.01.2023 alleging that on 06.01.2023, the applicant forcibly took the informant inside a sugarcane field, disrobed her and clicked her nude photographs and on 08.01.2023, the informant came to know through her relative Agya Ram that her nude photographs were being spread virally.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case.

¶5It has further been stated in the affidavit that there was a love affair between the applicant and the informant and he has been falsely implicated under pressure of the informant's family, particularly her brother-in-law Agya Ram.

¶6The State has field a counter affidavit opposing bail application and the relevant extract of case diary indicates that one Agya Ram has handed over a pen drive containing nude photographs of the informant and he has stated that he got the same from some villager.

¶7Prima facie it appears that no such evidence has come to light during investigation as may indicate that the photograph was clicked and was forwarded by the applicant to any other person.

¶8The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶9Having considered the aforesaid facts and circumstances of the case, coupled with the fact that the applicant is languishing in jail since 15.01.2023 and merely charges have been framed and not a single witness has been examined by the trial court, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.

¶10Accordingly, this bail application stands allowed.

¶11Let the applicant-Srinayak @ Mantu Gaud 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 :- 1.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench