Sohel Nadaf @ Sahil Nadaf v. State of U.P. and 3 Others

Court No. - 64 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44574 of 2023 Applicant :- Sohel Nadaf @ Sahil Nadaf Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Bakhteyar Yusuf Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A for the State. There is an allegation against the applicant of abduction of minor girl in intent to marry her. Learned counsel for the applicant submits that victim and applicant are well known to each other and they belong to Bihar. The victim has admitted that she was going with applicant in various places and as per school record she is slightly less then 18 years of age. She admitted that she went with the applicant to Mumbai and stayed with him for considerable time. After she came back she has lodged F.I.R. against the applicant. Learned for the applicant submits that it is a case of false implication. The applicant is in jail since 24.06.2023 and has no criminal history to his credit. On the other hand learned A.G.A has opposed the prayer for bail. Keeping in view the nature of the offence, evidence, complicity of the accused; submissions of the learned counsel for the parties noted above; finding force in the submissions made by the learned counsel for the applicant; keeping view the uncertainty regarding conclusion of trial; one sided investigation by police, ignoring the case of accused side; applicant being under-trial having fundamental right to speedy trial; larger mandate of the Article 21 of the Constitution of India; considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021; considering 5-6 times overcrowding in jails over and above their capacity by the under trials and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. Let the applicant, Sohel Nadaf @ Sahil Nadaf, involved in Case Crime No. 192 of 2023, under Sections 363, 366, 376, 323 IPC and Section 5/6 POCSO Act, Police Station Sector-63, Noida, District Gautambudh Nagar, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with the evidence or threaten the witnesses.

(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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.

(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufÏcient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

(iv) 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. is issued and the 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 of the Indian Penal Code.

(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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 sufÏcient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Trial court is directed to conclude the trial of the applicant as expeditiously as possible preferably within a period of one year. Registrar (compliance) is directed to communicate this order to the trial Court for necessary compliance within ten days. Order Date :- 31.10.2023 Vikram High Court of Judicature at Allahabad