Sahil Alias Sohail Khan Vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:123836

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21084 of 2025

Applicant :- Sahil Alias Sohail Khan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mahendra Pal Singh Gaur,Manish Kumar,Naman Kishor Sharma

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Counsel for Opposite Party :- G.A.

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Hon'ble Samit Gopal,J.

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List revised.

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Heard Sri Manish Kumar, learned counsel for the applicant and Sri Birendra Pratap Singh, learned counsel for the State and perused the material on record.

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Vide order dated 19.06.2025 notice was issued to the opposite party no.4 / informant. As per the office report dated 10.07.2025 a report regarding service of notice has been received. The report dated 04.07.2025 of the Chief Judicial Magistrate, Budaun is on record which states that notice has been served on the opposite party no.4. Despite service of notice, no one appears on behalf of the opposite party no.4.

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This bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant- Sahil @ Sohail Khan , seeking enlargement on bail during trial in connection with Case Crime No. 50 of 2024, under Sections 363, 366, 376(2)(N) I.P.C. read with Section 5(L)/6 of POCSO Act, Police Station Kunwargaon, District Budaun.

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The first information report of the present matter was lodged on 09.03.2024 by Sudhir against the applicant and 03 other persons alleging therein that his daughter aged about 16 years is missing from 08.03.2024 at about 12 pm. The family members had gone to the field. When he returned back she was not found in the house. She was searched a lot but could not be traced. On further search it was known that the applicant has lured and enticed away her away. The applicant used to visit the house of other accused persons.

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Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case. It is submitted that the victim was in love with the applicant and went with him out of her own sweet-will and they went to Delhi and were residing in a rented room. It is submitted that the medical examination of the victim and the opinion of the C.M.O. concerned shows that she has been opined to be about 17 years of age and by giving benefit of two years she would be a major. It

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is submitted that the investigation in the matter has concluded and charge-sheet has been submitted. It is submitted that the present case is a case of elopement. The applicant has no criminal history as stated in para 18 of the affidavit and is in jail since 13.03.2024.

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Per contra , learned counsel for the State opposed the prayer for bail and submitted that the applicant is named in the first information report, statements of the victim recorded during investigation and there are allegations against him.

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After having heard learned counsel for the parties and perusing the record, it is evident that victim was in love with the applicant and went with him out of her own sweet-will, they went to Delhi and were residing in a rented room. The present case appears to be a case of elopement.

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Looking to 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, this Court is of the view that the applicant may be enlarged on bail.

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Let the applicant- Sahil @ Sohail Khan , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.

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(v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the

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trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law and the trial court may proceed against him under Section 229-A IPC.

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(vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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The bail application is allowed .

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Pending application (s), if any, shall stand disposed of.

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Order Date :- 28.7.2025 AS Rathore

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(Samit Gopal,J.)

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Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad

Sahil Alias Sohail Khan v. State of U.P. and 3 Others

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