Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7625 of 2018 Applicant :- Sohanveer @ Saindi Opposite Party :- State Of U.P. Counsel for Applicant :- Adesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, FIR was lodged against unknown person alleging that complainant's son Asram(about 17 years) was kidnapped for ransom by some unknown person on 23.6.2017 when he was returning on scooty No. UP 15 CR/5943 after offering 'namaz'; after 2-4 days a call on mobile was received by his father that his son was abducted by some unknown person. Asram stated in his statement that one unknown caller phoned him on his mobile saying that her name was Reshma(girl) and she wanted to make him her friend; on 23.6.2017 she called him to meet her at Bombay Bazar Hanuman Chawk; when he reached there, two persons got down from i-10 car and forcibly made him to sit in the car; one another person got down from the car and drove away his scooty; He further stated that Sonveer, Udaiveer, Nadeem, Naved, Javed, Pratap, Aas Mohammad and Shehjad were involved in his abduction and they demanded Rupees five crores from his father and accused Udaiveer left Asram by motorcycle.
It is submitted by learned counsel for the applicant that he was not named in the FIR and his name was also not disclosed by the abducted Asram; name of this accused was disclosed by co-accused Aas Mohammad in his confessional statement before police only; co-accused Aas Mohd, Udaiveer, Shahzad, Pratap, Shahbaj and Javed have been enlarged on bail by coordinate Bench of this Court and this Court vide order dated 24.1.2018, 2.2.2018, 6.2.2018, 16.2.2018, 23.2.2018 in Criminal Misc.
Bail Application No. 38955 of 2017, 38597 of 2017, 4458 of 2018, 1895 of 2018, 48881 of 2017 and 6995 of 2018 respectively; since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. He has been falsely implicated in the present case; he is languishing in jail since 30.6.2017(more than seven and half months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. though opposed the prayer for bail but admitted that the applicant has no criminal history. He further submitted that charge-sheet has been submitted against Shehjad, Aas Mohammad, Sonveer,Shahbaj, Naved, Zaved, Pratap, Udaiveer and Javed.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, 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. The bail application is allowed. Bail of this applicant will not create parity to other accused.
Let applicant Sohanveer @ Saindi involved in Case Crime No.331 of 2017, under Sections 364-A, 34 IPC, Police Station Sadar Bazar, District Meerut 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 following conditions:-
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.2.2018 A. Singh