Shubham Yadav v. State of U.P. Thru. Addl. Prin. Secy. Home Lko. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2786 of 2023 Applicant :- Shubham Yadav Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Amit Kumar Singh, the learned counsel for the applicant as well as Sri Anant Pratap Singh, learned A.G.A. appearing on behalf of the State and perused the records.

¶2The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No..124 of 2023, under Sections 376 I.P.C., registered at Police Station Sangrampur, District Amethi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.08.2023 alleging that the applicant had made wrongful relations with the informant's daughter a few days ago and when she threatened that she would disclosed to her parents, the applicant made a false promise of marrying her and thereafter he made physical relations with the informant's daughter on several occasions, due to which she became pregnant. An agreement dated 01.07.2023 was entered between the applicant and the informant's daughter that in case the informant's daughter was found to be pregnant, the applicant would accept the child as his own and the applicant and the informant's daughter will live together.

¶4In a U.S.G report of the informant's daughter annexed with the affidavit indicates that no finding has been given regarding pregnancy of the informant's daughter.

¶5In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has falsely been 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 the F.I.R. does not make a mention of any dates of commission of any misdeed by the applicant; that the victim is aged about 25 years and the applicant's age is 20 years and the victim herself claimed that she was pregnant which contention is not supported by the U.S.G report or any other medical documents; that the applicant has no previous criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant.

¶8In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant- Shubham Yadav before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court:

(i). That the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted;

(ii). That the applicant shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii). That the applicant shall not pressurize/ intimidate the prosecution witness; (Subhash Vidyarthi, J.) Order Date :- 5.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench