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2025 DAILYLAW 133668 (ALL)

MOHD. SAHIL v. STATE OF U.P. THRU. PRIN. SECY.HOME DEPTT. LKO

BAIL/3078/2025 · 2025-04-11

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:20541 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3078 of 2025 Applicant :- Mohd. Sahil Opposite Party :- State Of U.P. Thru. Prin. Secy.Home Deptt. Lko Counsel for Applicant :- Syed Raza Mehdi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Syed Raza Mehdi, learned counsel for the applicant, Sri Arvind Kumar Pandey, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 351 of 2024, under Sections 103(1), 311, 317 (3), 338 B.N.S., registered at Police Station Kotwali Dehat, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.11.2024 stating that the informant's son used to drive the vehicle as Ola Cab. He had taken a passenger from Charbagh Lucknow at 10.00 p.m. on 31.10.2024 for Pratapgarh. The police of Rudauli police station informed the informant at about 5.00 hrs. on 01.11.2024 that his son had been killed. Upon this information the informant came from UAE to Lucknow and lodged the F.I.R. He stated that the vehicle of his son was also missing. The relevant extracts of case diary has been annexed with the bail application, wherein the Investigating Officer has recorded that she had examined about 70-80 CCTV cameras from Lucknow, Sultanpur and Pratapgarh but in none of the CCTV cameras the car could be identified. It was seen at a toll plaza coming from Sultanpur to Lucknow but the date when the vehicle was seen has not been mentioned in the case diary. Further, in none of the images the persons sitting in the car have been identified. The police claimed to have arrested three persons including the applicant sitting in the car at Pratapgarh on 14.11.2024 and in the custodial confessional statement the accused persons confessed having killed the vehicle owner and taken away the car. The recovery of the car has not been witnessed by any independent witness. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. In para 18 of the affidavit filed in support of the bail application the applicant's involvement in 9 other cases has been disclosed, in all of which he has already been granted bail. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 10.02.2025. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although extensive investigation was made by the Investigating Officer by examining the footage of 70-80 CCTV cameras the applicant has not been seen in any image; that besides the custodial confessional statement of the applicant, there is no other material to connect him with the commission of offence; that the applicant is languishing in jail since 15.11.2024 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 7. Accordingly, this bail application stands allowed. 8. Let the applicant- Mohd. Sahil 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 magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 11.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench