Bunty v. State of U.P. Thru. Prin. Secy. Deptt. of Home Lko

Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2940 of 2023 Applicant :- Bunty Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Arun Kumar Tewari,Prabhat Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Prabhat Dwivedi, the learned counsel for the applicant as well as Sri Amitabh Chaturvedi, 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. 491 of 2023, under Sections 363, 366 I.P.C., registered at Police Station Katra Bazar, District Gonda.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.10.2023, stating that the applicant had enticed away the informant's minor daughter on 05.10.2023.

¶4In the statement of the victim recorded under Section 161 Cr.P.C, she stated that she is aged 16 years and she had gone alone from her house to Delhi and she returned after some days.

¶5In the statement of the victim recorded under Section 164 Cr.P.C, she stated that she is aged 17 years, her mother had scolded her and being angry due to the aforesaid reason, she had gone to Delhi alone. The applicant is distantly related to her and she live with him at Delhi for three days. She categorically stated that the applicant had not enticed her away and she could not understand as to why her father had lodged an F.I.R against the applicant.

¶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 statement of the victim, coupled with the fact that the applicant is a 23 years old person having no 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 applicant is allowed. In the event of arrest/ appearance of applicant-Bunty 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 :- 19.12.2023 Preeti. High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench