Naveen Yadav Alias Nabeen Yadav v. State of U.P. Thru. Prin. Secy. Deptt. of Home Civil Sectt. Lko and Another

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2791 of 2023 Applicant :- Naveen Yadav Alias Nabeen Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Civil Sectt. Lko And Another Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ram Singh, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, the learned Additional Government Advocate 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. 485 of 2023, under Sections 366, 343, 406, 506, 376 IPC, Police Station Kotwali Akbarpur, District Ambedkar Nagar.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.08.2023 alleging that the applicant had enticed away the informant on 27.07.2023 and under allurement of marrying her, he took her to Delhi. She had taken some money and jewellery with her. The applicant held the informant hostage for five days and thereafter kept her valuables with him and dropped her back to her parents home.

¶4In the statement of the victim recorded under Section 161 Cr.P.C, she stated that she is aged 28 years, the applicant is her nephew, she knows him for the past one and a half years and he had enticed her away under allurement of marrying her and made physical relations with her forcibly.

¶5In the medico legal examination of the victim, no injury or sign of use of force has been reported.

¶6In the statement of the victim recorded under Section 164 Cr.P.C., she reiterated her earlier version but she further stated that she is a mother of three children and she further stated that she wants to live with her husband.

¶7In the affidavit filed in support of the application it has been contended that the applicant is innocent, he has falsely been implicated in the present case and that he has no criminal history.

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

¶9Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the informant is a married lady aged 28 years having three children and the applicant is a 23 year old person having no criminal history, who is nephew of the informant; that being a married lady, the informant could not have married the applicant and, therefore, the allegation of allurement of marrying her, prima facie appears to be false 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 during pendency of the trial.

¶10In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Naveen Yadav Alias Nabeen Yadav before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail during pendency of the trial 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. Order Date :- 6.12.2023 Pradeep/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench