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2025 DAILYLAW 154397 (ALL)

SAHIL @ PAPPU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO

BAIL/6957/2025 · 2025-07-31

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44413 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6957 of 2025 Applicant :- Sahil @ Pappu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. On a query being put, Shri Ranvijay Singh, learned A.G.A. submitted that he has complete instructions in the matter, as such, this Court proceeded to hear the matter on merits. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been filed on behalf of the applicant seeking bail in Case Crime No.0186 of 2025, under Sections 318 (4), 351(3), 69 of BNS, Police Station - Tadiyawan, District - Hardoi. 4. While pressing the instant application, learned counsel for the applicant submitted that the applicant is innocent and he has falsely been implicated in the present case. 5. Learned counsel for the applicant has further submitted that the informant/victim has levelleved allegations in the FIR against the applicant to the effect that on the pretext of false promise of marriage the applicant established physical relations with her, thus, if the case of prosecution is taken on its face value then in that eventuality, possibility of conviction of applicant is bleak in view of law settled by the Hon'ble Apex Court in the judgment(s) rendered in the case of Deepak Gulati vs. State of Haryana, (2013) 7 SCC 675; Sonu @ Subhash Kumar vs. State of U.P. and Another, (2021) 7 SCC; Mandar Deepak Pawar vs. State of Maharashtra and Another, 2022 SCC OnLine SC 2110 and Amol Bhagwan Nehul vs. State of Maharashtra and another, 2025 SCC OnLine SC 1230. In these circumstances, the applicant, who has no criminal history and is languishing in jail since 18.06.2025, is entitled to be released on bail. In case of being enlarged on bail, he will not misuse the liberty of bail and will cooperate in trial and would also not influence the prosecution witnesses. 6. Learned A.G.A. opposed the prayer of the applicant, however, he could not dispute the above contentions made by the applicant's counsel. 7. Considering the arguments advanced by the learned counsel for the applicant, learned A.G.A. and going through the contents of the application, F.I.R., as well as other relevant documents and also that the applicant is having no criminal history and without going into the merits of the case, this Court is of the view that the application has substance and it is accordingly, allowed. 8. Let the applicant - Sahil @ Pappu be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs. 25,000/- and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions :- (i) The applicant will cooperate with the prosecution during trial. (ii) The applicant will not tamper with the evidence during trial. (iii) The applicant will not pressurize/intimidate the prosecution witness(es). (iv) The applicant shall not commit an offence. (v) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (vi) The applicant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The applicant will not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The applicant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 9. In case of default of above conditions it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. 10. As this order relates to enlargement of the applicant on bail, it is clarified that observations made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation made in this order. Order Date :- 31.7.2025 ML/- Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench