Allahabad High Court
Heeralal vs State Of U.P. And 3 Others on 17 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:107666 Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18118 of 2023 Applicant :- Heeralal Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Lal Bahadur Yadav Counsel for Opposite Party :- G.A.,Lal Chandra Mishra Hon'ble Sameer Jain,J.
1. Heard Sri Vinod Kumar Srivastava, Advocate, holding brief of Sri L.B. Yadav, learned counsel for the applicant, Sri Lal Chandra Mishra, learned counsel for the informant and Sri Varun Kumar Agnihotri, learned brief holder for the State.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.163 of 2021, under Sections 363, 366, 376 IPC Section 3/4 POCSO Act, Police Station Sarpataha, District Jaunpur, during pendency of the trial in the court below.
3. F.I.R. of the present case was lodged against applicant under sections 363 and 366 IPC and according to the F.I.R. applicant enticed away the sister of the informant aged about 16 years.
4. Learned counsel for applicant submits entire allegation of enticement made against applicant is totally false and baseless and this fact was even evident from the statement of victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. in which she categorically stated that she is major and she had gone according to her own wish with applicant and had performed marriage with him and after the statement she started living in her matrimonial home and she is legally wedded wife of applicant and from the wedlock of applicant and victim one child also born. Therefore, considering the facts and circumstances of the case applicant may be enlarged on bail.
5. Per contra, learned A.G.A. although opposed the prayer for bail but could not dispute the fact that from the statement of victim it appears that she had performed marriage with applicant and from the wedlock of the applicant and victim one child has also born.
6. Learned counsel appearing on behalf of the informant conceded the fact that victim is at present residing in her matrimonial home i.e. in the home of applicant and she is his legally wedded wife and with the wedlock of applicant and victim one child also born and informant is having no objection if applicant be enlarged on bail.
7. I have heard both the parties and perused the record of the case.
8. As victim appears to be legally wedded wife of applicant and at present she is residing in her matrimonial home i.e. in the house of applicant and in her both the statement recorded under Section 161 Cr.P.C. and 164 Cr.P.C. she did not make any accusation against applicant and even informant is not having any objection if applicant be released on bail, therefore, in my view, applicant is entitled to be released on bail.
9. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
10. Let the applicant-Heeralal 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 the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
12. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 17.5.2023 Kumar Manish.