Vinay Kumar Chaubey v. State of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko and 3 Others

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14498 of 2023 Applicant :- Vinay Kumar Chaubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And 3 Others Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Manoj Kumar Singh, the learned counsel for the applicant,Ms Ankita Tripathi, the learned A.G.A. for the State as well as Sri Bal Krishna Shukla, learned counsel for the informant and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 436 of 2023, under Section 363, 366, 368, 120-B I.P.C. and Section 16/17 of Protection of Children from Sexual Offences Act, registered at Police Station Hardi, District Bahraich.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 03.08.2023 against three persons, including the applicant and his two brothers, alleging that all the accused persons had enticed away the informant's daughter aged about 17 years at about 5:30 am on

02.08.2023.

¶4In the statement of the victim recorded under Section 161 Cr.P.C, she stated that all the three accused persons had forcibly taken her with them and they took her to a temple at Lucknow and married her.

¶5The victim was taken for medico legal examination but she declined to undergo the same.

¶6In the statement of the victim recorded under Section 164 Cr.P.C, she stated that three is an old animosity between the victim's family and the accused persons due to which they had enticed her away and co-accused Triloki has married her against her wishes.

¶7In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he is languishing in jail since 11.08.2023. It has further been stated in the affidavit that the applicant was involved in another case bearing Case Crime No.165 of 2021 under Sections 363, 325, 504 IPC, Police Station Hardi, District Bahraich in which final report has been submitted after investigation.

¶8Co-accused Manoj Kumar @ Hareram Chaubey has been granted bail by means of the order dated 07.11.2023 passed in CRIMINAL MISC. BAIL APPLICATION No.13034 of 2023.

¶9The learned counsel for the informant has vehemently opposed the bail application and he has submitted that the applicant is habitual of committing similar offences and, therefore, he is not entitled to be enlarged on bail.

¶10Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that in the statement of the victim recorded under Section 161 Cr.P.C, she stated that all the three brothers who have been made accused, had taken her and married her whereas in the statement of the victim recorded under Section 164 Cr.P.C, she stated that the applicant's brother has married her; that although the victim has alleged use of force but she declined to undergo medico legal examination and merely because the applicant was an accused in a case initiated by lodging an F.I.R in the year 2005 in which a final report has been submitted, it cannot be said by lodging another F.I.R after 18 years that the applicant is habitual of commission of similar offences; that the applicant is languishing in jail since 15.08.2023 whereas a co-accused has been granted bail and without making any observations 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.

¶11Accordingly, this bail application stands allowed.

¶12Let the applicant-Vinay Kumar Chaubey 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 :- 8.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench