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2025 DAILYLAW 17067 (ALL)

SANDEEP SAHANI v. STATE OF U.P.

BAIL/4967/2025 · 2025-02-27

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28676 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4967 of 2025 Applicant :- Sandeep Sahani Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey,Jaya Tripathi Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Heard Sri Amit Kumar Pandey, learned counsel for the applicant, Sri Bijendra Kumar, learned AGA for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sandeep Sahani, seeking enlargement on bail in Case Crime No. 374 of 2024, under Sections 87, 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023, Police Station Shyamdeurwa, District Maharajganj. Learned counsel for the applicant argued that the accused- applicant is innocent and has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the applicant has been arrested on the basis of suspicion. The victim girl is major and in her statement she has stated nothing against the applicant. The victim has not been recovered from the possession of the applicant. The applicant has neither assisted the victim in fleeing away nor he knows the victim and his family members. The mother of the victim in her statement has stated that her daughter was in love-affair with one Seraj Ansari and the applicant has no role and connection with the victim girl. There is no direct or indirect evidence against the applicant. The applicant is languishing in jail since 22.01.2025. The applicant has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned AGA has vehemently opposed, but could not dispute the fact that applicant has no criminal antecedents. Considering all those facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima-facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Sandeep Sahani, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 28.2.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad