Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45977 of 2019 Applicant :- Javahir Sahani Opposite Party :- State of U.P.
Counsel for Applicant :- Baijant Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Baijant Kumar Mishra, learned counsel for the applicant; Sri K.K.M. Tripathi, learned counsel for the informant as well as Sri Nagendra Srivastava, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Javahir Sahani with a prayer to release him on bail in Case Crime No. - 393 of 2018, under Sections - 363, 366 I.P.C., Police Station - Rampur Karkhana, District - Deoria, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of abduction with intent to force marriage, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 31.10.2018, the applicant is in confinement since 04.07.2019;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has no criminal history;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it has been submitted that the applicant is father of the main accused- Chandra Bahadur, who has also not been traced out by the police till now. Learned counsel for the applicant submitted, the applicant, who is the father of the main accused cannot be kept in confinement on a mere suspicion that he must have conspired with his son in the commission of offence. In any case, the applicant has remained confined for more than four months. Therefore, unless some justifiable reason is shown to continue detention of the applicant, the liberty of the present applicant cannot be curtailed on some apprehension and suspicion purely on account of close relationship of the applicant with the main accused.
In absence of any criminal history of the applicant or allegation of trafficking or such other offence as may have constituted direct allegation against the applicant, the applicant is found to be entitled to bail. The prayer made by learned counsel for the applicant that the matter be posted after 04.12.2019, in view of the criminal misc. writ petition demanding fair investigation being pending before the Division Bench of this Court is declined as even after being enlarged on bail.
The applicant will remain obliged to cooperate and participate in the investigation as to when he may be required. At present, in absence of any justification being shown by the State for continued indefinite detention of the applicant, he is found entitled to bail;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.11.2019 Saif