Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58171 of 2022

Applicant :- Akash

Opposite Party :- State of U.P.

Counsel for Applicant :- Tripurari Pal

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the

State and perused the record.

The instant bail application has been filed on behalf of the

applicant Akash with a prayer to release him on bail in Case

Crime No. 414 of 2022, u/s 363, 366 I.P.C., P.S. Tappal, District

Aligarh, during pendency of the trial.

It is alleged in the FIR that the minor daughter of the informant

was enticed away by the accused persons.

It is argued by learned counsel for the applicant that the

applicant is innocent and he has been falsely implicated in the

present case. It is apparent from perusal of the statement of the

victim recorded u/s 161 and 164 Cr.P.C. that she, on scold of

her parents, left her house and went to Delhi and then

Chandigarh and no one enticed her away. Therefore, the

statements of the victim recorded u/s 161 Cr.P.C. and 164

Cr.P.C. are contradictory to the version of the prosecution case.

It is further submitted that the victim has refused for her

medical examination. The applicant has no criminal history.

There is no prospect of trial of the present case being concluded

in near future due to heavy dockets. The applicant is

languishing in jail since 16.10.2022 and in case he is enlarged

on bail he will not misuse the liberty of bail.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties and keeping in

view the nature of offence, evidence, complicity of accused and

without expressing any opinion on the merits of the case and

larger mandate of the Article 21 of the Constitution of India,

Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.

(Crl.) No. 5191 of 2021, the Court is of the view that the

applicant has made out a case for bail. The bail application is

allowed.

Let the applicant, Akash, who is involved in the aforesaid case

crime, be released on bail on his furnishing a personal bond and

two sureties each in the like amount to the satisfaction of the

court concerned subject to following conditions. Further, before

issuing the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence

by intimidating/ pressurizing the witnesses, during the

investigation or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 20.1.2023

Vandana

Digitally signed by :-

VANDANA GAUTAM

High Court of Judicature at Allahabad