Sahil Gautam v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48155 of 2023 Applicant :- Sahil Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Ajit Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Sri Ajit Kumar Pathak, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.67 of 2023, under Sections 363, 366 IPC, Police Station Jalalpur, District Jaunpur, during the pendency of trial.

¶3It is argued by the learned counsel for the applicant that the applicant is innocent. It is further contended that there is delay in lodging the FIR as the alleged offence is said to have been committed on 12.03.2023 but the FIR had been lodged on

21.03.2023. It is also contended that the victim in her statement recorded under Sections 161 and 164 CrPC has not supported the prosecution version and has stated that neither she was allured nor was enticed away by the applicant. The victim has also averred that she went with the applicant on her own free will and the applicant has not committed any bad deed with her; even she has not supported the prosecution version in her statement on oath before the trial court. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since

28.03.2023. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Sahil Gautam, involved in the aforesaid case crime 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 the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 29.11.2023 Shahroz High Court of Judicature at Allahabad