Court No. - 83 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38885 of 2023 Applicant :- Sahdat @ Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Hemant Kumar Srivastava,Pawan Kumar Patel,Virpratap Singh Counsel for Opposite Party :- G.A.,Pankaj Kumar,Shyam Singh Hon'ble Mohd. Azhar Husain Idrisi,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This bail application has been moved on behalf of accused- applicant-Sahdat @ Sonu, seeking bail in Case Crime No. 54 of 2023, under Sections 363 and 370 I.P.C., Section 17/18 of The Protection of Children from Sexual Offences Act (POCSO Act), 2012, Police Station Obra, District Sonbhadra. 3. The informant lodged FIR with the allegation that applicant kidnapping his daughter Amrita aged about 17 years, daughter of Pursuram Amrita alias Anjali aged about 17 years and daughter of Ramdhari Sundari aged about 16 years, were allegedly taken away on a false promise to provide them jobs with good salaries and later sold them to another co-accused Hardyaram, who threw them in dance bar. 4. Learned counsel for the applicant submits that as per statement of the victims recorded under Section 161 Cr.P.C. in which they have stated that they had gone with the applicant on their own free will and consent. Learned counsel for the applicant further stated that the victims were recovered by police and their statement under Section 164 Cr.P.C. was recorded wherein they have stated that the applicant has taken them to District Chhapra in Bihar and sold them to an old person, namely Hardyaram. Learned counsel for the applicant next submits that in FIR no date, time and place has been mentioned and in their statement under Section 164 Cr.P.C. the incident has been stated to occur on 18.03.2023. Learned counsel for the applicant submits that there is no evidence linking the applicant with the alleged crime. The applicant has no criminal history to his credit. It is further submitted that co-accused- Hradyaram has been granted bail by co-ordinate Bench of this Court vide order dated 29.08.2023 passed in Criminal Misc. Bail Application No.35465 of 2023. Trial is not likely to conclude in near future due to heavy dockets. The applicant is languishing in jail since 14.04.2023 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 5. Learned A.G.A. for the State as well as learned counsel for the informant have opposed the prayer for bail but does not dispute factual matrix of the case. 6. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties, the applicant has no criminal history to his credit; he is languishing in jail since 14.4.2023; trial is not likely to conclude in near future due to heavy dockets, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. 7. The bail application is allowed. 8. Let the applicant- Sahdat @ Sonu involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:- i. The applicant will not tamper with the evidence during the trial. ii. The applicant will not pressurize/intimidate the prosecution witness. iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. 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 not leave India without the previous permission of the Court. vii. In the event, the applicant changes residential address, the applicant shall inform the court concerned about new residential address in writing. 9. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 10.4.2025 Israr Digitally signed by :- ISRAR AHMAD High Court of Judicature at Allahabad