Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 29997 (ALL)

SABI v. STATE OF U.P.

BAIL/9086/2025 · 2025-03-18

Ashutosh Srivastava

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:39335 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9086 of 2025 Applicant :- Sabi Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Dhirendra Kumar Srivastava, learned counsel for the applicant and Shri Vijendra Kumar, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, has been moved on behalf of accused- applicant, Sabi, seeking enlargement on bail in Case Crime No. 140 of 2024, under Sections 137 (2), 87 B.N.S. Police Station Baburi, District-Chandauli. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number. Applicant is languishing in jail since 25.12.2024. First Information Report has been lodged on 18.12.2024 with a delay of six days as the alleged incident have taken place on 09.12.2024, against the applicant and one unknown person with the allegation that the applicant and other unknown person enticed away the daughter of the first informant from school. The victim was recovered on 20.12.2024. The victim in her statement under Section 180 and 183 B.N.S.S. has said that the applicant, who is her cousin brother, taken away to the victim to Kashi Vishwanath Temple, where they live for 8-10 days. The victim herself has denied from her medical examination. 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, 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, Sabi, 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 :- 19.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad