Neutral Citation No. - 2024:AHC-LKO:52330
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6921 of 2024
Applicant :- Mukesh Patel
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt.
Lko And 3 Others
Counsel for Applicant :- Ashwini Kumar Ojha
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and
perused the record. None has appeared for respondent no.2
despite notice.
2. The applicant seeks enlargement on bail in FIR No.69 of
2024, under Section 363, 366, 323, 504, 506, 376(2)N of IPC &
Section 5L/6 of POCSO Act, P.S. Lalganj, District Pratapgarh.
3. In terms of the FIR it was alleged that daughter of the
informant was enticed away by the applicant and thereafter the
marriage was done through a notary affidavit and thereafter, the
applicant physically exploited her for six months.
4. Learned counsel for the applicant draws my attention to the
photographs as well as to the affidavit of marriage entered into
in between the parties. In the statement under Section 164
Cr.P.C., the victim stated that the marriage was not solemnized
Sindoor
and only was applied. He further states that the
applicant has married the victim and is ready and willing to get
the marriage registered after being enlarged on bail.
5. Learned AGA has opposed the bail application.
6. Considering the statement under Section 164 Cr.P.C. and the
FIR allegation that the victim stayed with the applicant for a
term of five months after solemnizing marriage and the
applicant is ready and willing to get the marriage registered, the
applicant, who is in custody since 19.03.2024 and has no
criminal history, is entitled to be enlarged on bail. In view
allowed.
thereof, the application is
Mukesh Patel
7. Let the applicant be released on bail in
aforesaid FIR number on his furnishing a personal bond with
two sureties of Rs.20,000/- each to the satisfaction of 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
offence 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.
8. The applicant shall also file an affidavit before the trial Court
undertaking to get the marriage registered within a period of
two months from being enlarged on bail subject to the victim
agreeing to get the marriage registered.
Order Date :- 31.7.2024
nishant
Digitally signed by :-
NISHANT MOHAN
High Court of Judicature at Allahabad,
Lucknow Bench