Allahabad High Court
Mitrasen Yadav @ Mitrasen vs State Of U.P. Thru. Prin. Secy. Home Lko. on 3 October, 2024
Author: Pankaj Bhatia
Bench: Pankaj Bhatia
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:68406 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10606 of 2024 Applicant :- Mitrasen Yadav @ Mitrasen Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Arvind Yadav,Poonam Saroj Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State as well as Sri Vishwanath Singh, learned counsel for the complainant.
2. The applicant seeks enlargement on bail in FIR No. 361 of 2024 under Sections 126 (2), 351 (3) and 64 of the B.N.S 2023, Police Station-Satrikh , District -Barabanki.
3. In terms of the F.I.R., it was alleged that daughter of the informant aged about 21 years was coming home on 30.8.2024 when the applicant stopped her and took her to at isolated place and wanted to commit wrong on her and thereafter also threatened her. In the statement under Section 161/180 the victim stated that on the said date her garments were removed and the applicant wanted to commit wrong, however he could not succeed. In the statement under Section 183 there was variance and stated that on the said date the applicant had committed wrong on her also. The medical of the victim done after the statement did not support the statement. He lastly argues that the applicant has no criminal antecedents and he is in jail since 3.9.2024.
4. Learned A.G.A. opposes the bail application.
5. Considering the fact the medical on record is no supporting the allegations and coupled with the fact that in the statement under Section 161 and F.I.R. no allegation of rape was made, prima facie case for bail is made out, the applicant, who has no criminal antecedents and is in jail since 3.9.2024 is enlarged on bail. Accordingly, the bail application is allowed.
6. Let the applicant Mitrasen Yadav @ Mitrasen be released on bail in the abovesaid first information report number on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offences of which he is accused or suspected of the commission; and
(c) 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.
Order Date :- 3.10.2024 Anuj Singh