Ajay Sahni v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53689 of 2023 Applicant :- Ajay Sahni Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Kumar Sahani,Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 763 of 2023, under Sections 363 & 366 I.P.C., Police Station-Gulriha, District-Gorakhpur during pendency of the trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The victim in her statement under Section 161 Cr.P.C. stated that she is aged seventeen years and had gone voluntarily with the applicant. However, upon the victim going into the custody of her parents, an entirely different version has been narrated. It is contended that the said inconsistencies discredit the prosecution case. The criminal history of the applicant has been explained in para no. 7 of the bail application. The applicant is in jail since 10.10.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that there are inconsistencies in the statements of the victim under Section 161 Cr.P.C. and 164 Cr.P.C. The said inconsistencies discredit the prosecution case. Further, at this stage, there is no substantive evidence against the applicant. The applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Ajay Sahni involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶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 :- 14.12.2023 Sachin Mishra High Court of Judicature at Allahabad