Single judge allowed bail to an applicant accused of abduction under Section 366 IPC, citing safe return of the minor victim and absence of specific allegations against him, distinguishing the cited Supreme Court precedent.
Release on bail on personal bond and two sureties subject to conditions not to tamper with evidence or influence witnesses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32260 of 2022
Applicant :- Gurmeet @ Gulmeet Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Kumar Shukla Counsel for Opposite Party :- G.A.,Girish Kumar Yadav
Hon'ble Mayank Kumar Jain,J.
Heard Sri Dileep Kumar Shukla, the learned counsel for the applicant, the learned Additional Government Advocate and perused the record.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0130 of 2022, under Sections 366 IPC, Police Station Hajrat Nagar Garhi, District Sambhal, during pendency of the trial in the Court below.
The learned counsel for the applicant has submitted that applicant is innocent and he has been falsely implicated in the present case. It has further been submitted that as per the allegation of F.I.R., the daughter of the informant aged about 19 years, was abducted by the applicant alongwith three other coaccused persons. On 09.06.2022, the daughter of the complainant returned back with the village Pradhan. It has further been submitted that as per the medical report of the victim, no external or internal injury was found on her body. It has further been submitted that as per school certificate, the date of birth of the victim is 10.06.2003. It has further been submitted that no specific allegation has been made against the applicant by the victim in her statement recorded under Section 164 Cr.P.C. It has further been submitted that applicant has no previous criminal history and he is languishing in jail since 18.06.2022.
Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail. However, he did not dispute the aforesaid aspect of the matter.
Keeping in view the aforesaid facts and circumstances of the case and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 , I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.
In the light of preceding discussion and without making any
observation on the merit of the case, the instant bail application is allowed .
Let the applicant Gurmeet @ Gulmeet be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 15.9.2022/AKT
Digitally signed by ASHOK KUMAR TRIPATHI Date: 2022.09.16 10:19:55 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is maintainable in a case involving abduction of a minor victim, given she returned safely and no specific allegations were made against the applicant.
Whether the lack of injuries to the victim and her safe return render the case fit for bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherDistinguished¶9
Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
Gurmeet @ Gulmeet
State of U.P.
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
