Arjun Sahani v. State of U.P. and 3 Others

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46225 of 2023 Applicant :- Arjun Sahani Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Sri Shatrughna Yadav, learned AGA for the State apprised the Court that on 27.10.2023 notice has been served to the informant of the case. Despite service of notice, none appeared on behalf of the informant.

¶2Heard Sri Dharmendra Prasad, learned counsel for the applicant and Sri Shatrughna Yadav, learned AGA for the State-respondent.

¶3The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0610 of 2022, under Sections 363, 376 IPC & 3/4 POCSO Act, Police Station-Sahjanwa, District-Gorakhpur, during pendency of the trial in the court below.

¶4Learned 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 on merit by this Court on

19.04.2023 and he is pressing the instant second bail application on the ground that after rejection of the first bail applicant of the applicant when victim appeared before the trial court then she did not support the prosecution case and has been declared hostile and her statement recorded by the trial court has been annexed alongwith the instant bail application.

¶5He further submitted that applicant is not having any criminal history and he is in jail since 06.02.2023.

¶6Per 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 appeared before the trial court then she has been declared hostile.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8However, this is the second bail application filed on behalf of the applicant and his first bail application was dismissed on merit by this Court on 19.04.2023 but it appears that after rejection of the first bail application of the applicant when victim appeared before the trial court on 06.10.2023 then she did not support the prosecution case and has been declared hostile.

¶9Further, applicant is not having any criminal history and he is in jail since February, 2023.

¶10Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶11Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶12Let the applicant-Arjun Sahani 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.

¶13In 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.

¶14It 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 :- 6.12.2023 KK Patel High Court of Judicature at Allahabad