Chhottan Sai @ Yusuf v. State of U.P. Thru. Prin. Secy. Deptt. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14768 of 2023 Applicant :- Chhottan Sai @ Yusuf Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dinesh Kr. Chaudhary, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A.-I for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 306 of 2023, under Section 363, 366, 368, 120-B I.P.C., registered at Police Station Kotwali Dehat, District Balrampur.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 27.05.2023 alleging that the named accused Babloo @ Osama had enticed away the informant's daughter aged about 15 years on 20.05.2023. It is stated that in the F.I.R that the named accused father-the applicant lives at Mumbai.

¶4The victim could not be recovered and the police has arrested the applicant and recorded his confessional statement. Earlier also, two F.I.Rs i.e F.I.R No. 287/2022 and 137/2023 were lodged in Police Station Kotwali Dehat, District Balrampur, on same set of allegations and after investigation, the investigating officer submitted the final reports in both the cases.

¶5In the affidavit filed in support of the bail application, it has been stated that the applicant is a 58 years old innocent person and he has been falsely implicated in the present case.

¶6The learned A.G.A. has opposed the prayer of the 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 applicant is not named in the F.I.R.; that on two previous occasions, the victim had gone away with the applicant's son and after investigation, the police had submitted final reports on both the occasions and that the applicant has been implicated solely on the basis of his custodial confessional statement 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Chhottan Sai @ Yusuf 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 :- 15.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench