Sajid Alias Mau v. State of U.P.And 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45458 of 2023 Applicant :- Sajid Alias Mau Opposite Party :- State Of U.P.And 3 Others Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Rizwan Ullah Siddiqui, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 32 of 2023, under Sections 363, 376, 506 IPC & 3/4 POCSO Act, Police Station-Kotwali, District-Muzaffar Nagar, during pendency of the trial in the court below.

¶3Learned counsel for the applicant submitted that this is the second bail application filed on behalf of the applicant and his first bail application was dismissed by this Bench on 08.05.2023 and he is pressing the instant second bail application on the ground that after rejection of the first bail application of the applicant when victim and informant both appeared before the trial court then they did not support the prosecution case and both have been declared hostile and their statements recorded by the trial court have been annexed alongwith the instant bail application.

¶4He further submitted that applicant is not having any criminal history and he is in jail since 22.01.2023 i.e. for more than 10 months.

¶5Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that after rejection of the first bail application of the applicant when victim and informant of the present case appeared before the trial court then both have declared hostile and applicant is in jail since January, 2023 i.e. for more than 10 months.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed by this Bench on merit on 08.05.2023 but it appears that after rejection of the first bail application of the applicant when victim and informant both appeared before the trial court then they did not support the prosecution case and both have been declared hostile.

¶8Further, applicant is not having any criminal history and he is in jail since 22.01.2023 i.e. for more than 10 months.

¶9Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on bail.

¶10Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶11Let the applicant-Sajid Alias Mau be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶12In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶13It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.11.2023 KK Patel High Court of Judicature at Allahabad