Sahil vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:83580

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12298 of 2025

Applicant :- Sahil Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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At the very outset, learned A.G.A. states that as per his instruction, notice of the instant bail application has been served upon the first informant of the case.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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Learned counsel for the applicant submits that according to the F.I.R. five accused persons including the applicant has tried to outrage the modesty of the victim. Learned counsel further argued that the out of five accused, the applicant has only been charge sheeted, whereas remaining four accused have been dropped. He further submits that perusal of the F.I.R. would go to show that only comments were passed upon the victim and that the applicant has been falsely implicated in the present case due to ulterior motive. He further submits that the F.I.R. is delayed by 13 days without there being any plausible explanation of such an inordinate delay. Learned counsel further argued that the applicant is student of class X and is languishing in jail since 17.03.2025 for the offence which he has not committed at all. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant has no criminal history.

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Per contra, learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on merits of the case, this Court is of the view, that the applicant may be enlarged on bail.

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Let applicant Sahil involved in Case Crime No.75 of 2025 under Sections 74 of B.N.S. and Section 7/8 of POCSO Act, Police Station Gunnour, District Sambhal, be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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i) The applicant shall not tamper with the prosecution evidence.

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ii) The applicant shall not threaten or harass the prosecution witnesses.

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iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.

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v) 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 such person from disclosing 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 condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law.

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The bail application is allowed.

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Order Date :- 19.5.2025

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S.Ali

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Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad

Sahil v. State of U.P. and 3 Others

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Sahil v. State of U.P. and 3 Others

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