Diwakar Mishra v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14773 of 2023 Applicant :- Diwakar Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Ramakar Shukla, the learned counsel for the applicant as well as Sri Akhilesh Kumar Vyas, the learned A.G.A. for the State and perused the record.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 414 of 2023, under Section 354, 504, 506 I.P.C. and Section 7/8 of Protection of Children from Sexual Offences Act, registered at Police Station Krishna Nagar, District Lucknow.

¶3The aforesaid case has been registered on the basis of F.I.R. lodged on 23.10.2023 alleging that the applicant lives in the neighborhood of the informant and on 09.10.2023, he caught hold of the informant's daughter aged 16 years and tried to pressurize her to open the gate of the house. On 20.10.2023, the applicant threw a slip containing his phone number.

¶4In the affidavit filed in support of the bail application, it has been stated that the applicant is 46 years old Ex-Army man, he has been falsely implicated in the present case and he has no criminal history. The affidavit filed in support of the bail application has been verified by the applicant's 43 years old wife

¶5The learned A.G.A. has opposed the prayer of the bail, but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case 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.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Diwakar Mishra 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