Mohd. Saif v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46024 of 2023 Applicant :- Mohd. Saif Opposite Party :- State of U.P. Counsel for Applicant :- Anoop Kumar Pandey,Ravi Sahu Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged as a missing person report alleging that the daughter of the informant was missing. Subsequently, in the statement under Section 164 Cr.P.C., the victim stated that she had gone out of her own free will with the applicant and she also stated that nothing wrong was done. She further stated that she does not want to go home as she was being harassed by her parents.

¶3Learned A.G.A. vehemently opposed the bail prayer.

¶4In view of the said statement coupled with the fact that applicant has no criminal history and he is in custody since 13.6.2023, there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶5Accordingly, the bail application is allowed.

¶6Let the applicant Mohd. Saif be released on bail in FIR/ Case Crime No. 134 of 2023, under Sections 363, 366 IPC, P.S. Babupurwa, District Kanpur Nagar, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 7.11.2023 S.A. High Court of Judicature at Allahabad