fNeutral Citation No. - 2024:AHC-LKO:67663
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10424
of 2024
Applicant :- Bhim Kumar Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko
And Another
Counsel for Applicant :- Arvind Kumar Pathak
Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard Sri Gurudutt Pandey, Advocate holding brief of Sri
Arvind Kumar Pathak, learned counsel for the applicant and
learned A.G.A. for the State.
2. The applicant seeks enlargement on bail in FIR No.122 of
2024 under Section 366, 376, 506 I.P.C., Police Station-
Ahirauli, District - Ambedkar Nagar.
3. In terms of the F.I.R., it was alleged that sister of the
informant had gone missing and subsequently when she was
found, she informed that the applicant allegedly enticed her on
the false pretext of marriage and wrong was also done and
subsequently, then the victim insisted on marriage and stamp
paper was prepared in which the marriage was solemnized and
now the the applicant had allegedly left her and also threatened
her. In the statement under Section 161 Cr.P.C., similar
statement was reiterated, however, in the statement under
Section 164 Cr.P.C. the victim did not state that the marriage
was solemnized on stamp paper. The victim even attempted
suicide. The tentative age of the victim is 19 years. In the light
of the said, learned counsel for the applicant states that the
applicant is ready and willing to solemnize marriage the the
victim. The applicant also admits the execution of stamp paper
on which the marriage was solemnized. He lastly argues that the
applicant in jail since 17.5.2024.
4. Learned A.G.A. opposes the bail application.
5. Considering the fact that the applicant is ready and willing to
get the marriage registered also and the age of the victim is
around 19 years, the applicant is enlarged on bail. Accordingly,
the bail application is allowed.
6. Let the applicant Bhim Kumar Yadav 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.
It is further provided that in case the applicant does not get the
marriage registered within a period of two months from the date
of enlargement of bail, the victim would be at liberty to move
bail cancellation application.
Order Date :- 30.9.2024
Anuj Singh
Digitally signed by :-
ANUJ PRATAP SINGH
High Court of Judicature at Allahabad,
Lucknow Bench