Karan Yadav v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15258 of 2023 Applicant :- Karan Yadav Opposite Party :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. Counsel for Applicant :- Dheeraj Awasthi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Dheeraj Awasthi, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No.631 of 2023, under Sections 363, 366 I.P.C., registered at Police Station Gangaghat, District Unnao.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 26.10.2023 alleging that the applicant had enticed away the informant's sister, aged about 17 years, on 18.10.2023.

¶4In the statement of the victim recorded under Section 164 Cr.P.C. she stated that she had gone with the applicant out of her free will and no misdeed has been committed against her.

¶5In the affidavit filed in support of bail application, it has been stated that the applicant is 19 years old innocent person, he has been falsely implicated in the present case and he has no criminal history.

¶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 aforesaid statement recorded by the Magistrate and without making any observation, 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 in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Karan Yadav be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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 :- 22.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench