Allowed

Sahid @ Shahid v. State of U.P. and Anr.

Allahabad HC6 Aug 2018CRLA/2331/2018

Case brief

AI extract

What is this about?

In this criminal appeal, the High Court allowed the appellant's appeal against the rejection of his bail application. The court held that despite the gravity of the offences involving kidnapping and SC/ST issues, the appellant made out a case for bail, setting aside the impugned order.

What did the court decide?

The impugned order rejecting bail was set aside. Appellant to be released on a personal bond and two sureties subject to specified conditions.

Sahid @ Shahid Vs State of U.P. and Anr. — Caste Atrocities | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL APPEAL No. - 2331 of 2018

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Appellant :- Sahid @ Shahid Respondent :- State Of U.P. And Anr. Counsel for Appellant :- Avnish Kumar Srivastava Counsel for Respondent :- G.A.

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Hon'ble Aniruddha Singh,J.

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Admit.

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Notice has been served on opposite party no. 2-Jile Singh, but no one is present on behalf of the complainant.

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Heard learned counsel for the appellant and learned AGA for the State and perused the record.

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This criminal appeal has been filed against order dated 9.4.2018 passed by Additional Sessions Judge/Special Judge S.C./S.T. (Prevention of Atrocities) Act, Meerut in Bail Application No.744 of 2018, in Criminal Case No. 41 2018 (State Vs. Sahid) arising out of Case Crime No. 24 of 2018, under Sections 363, 366, 328, 504, 506 IPC and Section 3(2)(5) of SC/ST Act, Police Station- Inchauli, District- Meerut whereby bail application of appellant was rejected.

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According to the prosecution case F.I.R. was lodged against the present appellant-Sahid alleging that on 12.1.2018 he kidnapped the daughter of complainant, 15 years of age, to compel her for marriage and she went to Sahid with Rs.40,000/-.

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Learned counsel for the appellant submitted that the appellant is languishing in jail since 14.1.2018 (more than six months); having no criminal history; he has been falsely implicated; the prosecutrix is major according to certificate of Scholar's Register & Transfer Certificate her date of birth is recorded as 17.9.1999. On 12.1.2018 he was major, hence no offence under Section 363 I.P.C. is made out against the appellant; the prosecutrix was recovered on 14.1.2018 and she stated that her parents are abusing her, hence she went to the present appellant with her consent and on statement recorded under Section 161 Cr.P.C. she stated nothing wrong against the present appellant on 14.1.2018 and she also stated that she got married with accused-appellant and stayed with him 3-4 days; she also stated that she wants to live with the present appellant-Sahid. Subsequently, on statement recorded under Section 164 Cr.P.C. she stated against the present appellant and stated that nothing

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wrong was done with her; there is no independent witness and if he is enlarged on bail, he will not misuse the liberty of bail or tamper with the evidence. He further submits that there is no likelihood of case being heard in near future.

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Learned AGA opposed the prayer for bail but admitted that the appellant has no criminal history.

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For the foregoing discussions, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the appellant has made out a case for bail. The appeal is allowed. Impugned order dated 9.4.2018 rejecting bail of appellant is hereby set aside.

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Let appellant Sahid @ Shahid involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The appellant will not tamper with the evidence during the trial.

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2.The appellant will not pressurize/ intimidate the prosecution witness.

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3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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5.The appellant 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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Office is directed to send the lower court record to the concerned court immediately, if it has been received.

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Order Date :- 6.8.2018 OP

Sahid @ Shahid v. State of U.P. and Anr.

Case brief

What is this about?

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Sahid @ Shahid v. State of U.P. and Anr.

Case brief

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What did the court decide?

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