Sughar Singh Yadav v. State of U.P. and Another

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51085 of 2023 Applicant :- Sughar Singh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Mayank Singh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Kunwar Mayank Singh, learned counsel for the applicant, Sri Amit Kumar Shukla, learned A.G.A. for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No.113 of 2023, under Sections 363, 366, 120B IPC, Police Station Khakhreru, District Fatehpur, during the pendency of trial.

¶4As per prosecution case, the daughter of the informant was missing since 09.04.2023 at about 04:00 am, when she had gone to ease herself out. On searching, it was revealed that the applicant in collusion with some unknown persons has enticed her away.

¶5Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. FIR is delayed by three days and there is no explanation for the said delay. He has further stated that statement of victim recorded under Section 164 CrPC categorically indicates that she was major, aged about 19 years, and she had gone with one Golu out of her own sweet will, in the night, at 01:00 am on 09.05.2023 and had gone all the way to Ludhiana and had married him in a temple. She has come home after being called by her father on mobile. She was pregnant by three months at that time. She has further stated that the applicant is forcibly giving bad name to her in the society. She wants to institute FIR against him. Learned counsel has stated that the said allegations are vague and are contrary to the FIR. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 30.06.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

¶8Let the applicant-Sughar Singh Yadav, who is involved in aforementioned 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 following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicant shall not tamper with evidence.

(ii) 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 Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 30.11.2023 Priya High Court of Judicature at Allahabad