Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44989 of 2018 Applicant :- Prem Sahni@Shiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Sri Mohd. Samiuzzaman Khan has filed his vakalatnama on behalf of the first informant today in Court, which is taken on record.
Heard learned counsel for applicant, learned AGA for the State as well as Sri Mohd. Samiuzzaman, learned counsel for the first informant and perused the record.
This bail application has been filed by the applicant Prem Sahni @ Shiv Kumar seeking bail in Case Crime No. 176 of 2018, under Sections 366, 372 IPC, Police Station Nichlaul, District Maharajganj.
Learned counsel for the applicant has submitted that even according to the prosecution own case, the victim is aged about 22 years and she, in her statement u/s 161 Cr.P.C., has stated that she was taken away by one Akhilesh on the pretext of marrying her and kept her at his house and thereafter on 14.05.2018 Akhilesh and his parents, Kavita Sahni and Virendra Sahni got him married to one Prem Sahni applicant and it was alleged that they had taken Rs. 1.25 lakhs for the same.
Learned counsel for the applicant has next submitted that co-accused Virendra Sahni and Kavita Sahni have already been granted bail in Crl. Misc. Bail Application Nos. 29897 of 2018 and 27169 of 2018 by this Court vide orders dated 08.08.2018 and 20.07.2018 respectively.
Learned counsel for the applicant has next submitted that the applicant is in jail since 19.05.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA and Sri Samiuzzaman Khan learned counsel for the first informant have vehemently opposed the prayer for bail and pointed out that there is an allegation that Virendra Sahni and Kavita Sahni have sold the victim to the applicant Prem Sahni, however, from the perusal of the statement made u/s 164 Cr.P.C. there is absolutely no whisper in respect to the said factum and also there is no evidence to support the said allegation.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Prem Sahni @ Shiv Kumar be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.11.2018 Ashok Gupta