Sanjhilika @ Riyaz v. State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14248 of 2023 Applicant :- Sanjhilika @ Riyaz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Anshuman Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dhananjay Kumar Maurya, Advocate holding brief of Sri Anshuman Singh, the learned counsel for the applicant, Sri Mukesh Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.149 of 2023, under Sections 363, 366, 376 I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Sirsiya, District Shravasti.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.06.2023 alleging that the applicant had enticed away the informant's daughter aged about 18 years.

¶4In her statement recorded under Section 161 Cr.P.C. she has stated that she knows the applicant for the past 8-9 months. The applicant is aged about 19 years. She had gone to the house of applicant's sister after informing her mother. In her statement recorded under Section 164 Cr.P.C. she has stated that her mother had scolded her and therefore she had gone away after telling her mother.

¶5In 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.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that as per the victim's statement the applicant is aged about 19 years and she was in a relationship with the applicant and she has not levelled any allegation of commission of any offence by the applicant; that the applicant has no previous criminal history and he is languishing in jail since 24.06.2023 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 crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Sanjhilika @ Riyaz 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. (Subhash Vidyarthi, J.) Order Date :- 4.12.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench