Allahabad High Court
Himanshu Yadav vs State Of U.P. Thru. Addl. Chief/ Prin. ... on 23 August, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:56016 Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10540 of 2023 Applicant :- Himanshu Yadav Opposite Party :- State Of U.P. Thru. Addl. Chief/ Prin. Secy., Home, Lucknow And 3 Others Counsel for Applicant :- Vikram Yadav,Ayush Chaudhary,Rakesh Kumar Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri A.K. Pandey holding brief of Sri Ayush Chaudhary, learned counsel for the applicant, Sri Raj Kumar Singh, learned A.G.A. for the State and perused the records.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 40 of 2023, under Sections 354, 354C, 386, 506 I.P.C. and Section 7/8, 11/12, 16/17 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Madeyganj, District Lucknow.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.05.2023 against three persons, including the applicant, alleging that informant's daughter, aged about 13 years, used to go to co-accused Sangeeta Yadav for taking tuition class. The applicant, who is nephew of co-accused Sangeeta Yadav, took mobile phone number and Instagram I.D. of the informant's daughter and thereafter the applicant and other co-accused-Mohd Aqueeb prepared obscene video of the informant's daughter and they extorted money from her under threat of spreading the video virally.
4. In the statement of the victim recorded under Section 161 Cr.P.C., she stated that the applicant searched out her Instagram I.D. and has told the same to co-accused Aqueeb. Allegation of physical abuse and preparation of obscene video was leveled against co-accused-Aqueeb. In her statement recorded under Section 164 Cr.P.C. she reiterated the same version.
5. In the affidavit filed in support of bail application, it has been stated that the applicant is 19 years old innocent person having no criminal history, he has been falsely implicated in the present case and he has been languishing in jail since 22.06.2023.
6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only allegation leveled by the victim against the applicant is that he searched out her Instagram I.D. and told the same to the co-accused-Aqeeb and all other allegations have been leveled against co-accused-Aqeeb only; that the applicant has no previous criminal history and he is languishing in jail since 22.03.2023 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.
8. Accordingly, this bail application stands allowed.
9. Let the applicant-Himanshu Yadav be released on bail in Case Crime No. 40 of 2023, under Sections 354, 354C, 386, 506 I.P.C. and Section 7/8, 11/12, 16/17 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station Madeyganj, District Lucknow 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 :- 23.8.2023 prateek