Allahabad High Court
Sadi Nai @ Devi Sharan @ Sani Nai vs State Of U.P. on 28 September, 2020
Author: Rajiv Joshi
Bench: Rajiv Joshi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27445 of 2019 Applicant :- Sadi Nai @ Devi Sharan @ Sani Nai Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Rajiv Joshi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The submission is that the FIR was lodged on 22.01.2018 stating that the daughter of the informant aged about 9 years went to her school on 22.01.2018 at about 08:30 am - 9:00 am and thereafter she did not came back. In the CCTV camera of the school she was seen coming out of the school at 2:25 p.m but nothing has been found thereafter. The FIR was lodged against unknown accuseds by the father of the minor. The statement of the mother of the deceased was recorded wherein she implicated 8 persons, namely, Sumit son of Naresh Bhadoria, Mohit son of Suresh Bhadoria, Akshay, Naresh Bhadoria, Satrughan, Chotu and Pinto. The applicant was not named anywhere by the mother of the deceased. It has been submitted statement of the neighbour of the informant, namely, Ram Krishna Srivastava, was recorded on 23.04.2019 and in the aforesaid statement he stated that the mother of the deceased had illicit affair with the co-accused Aprit Kumar @ Bantu and the applicant has friendship with co-accused Aprit Kumar @ Bantu and they murdered the daughter of the informant. He has stated that earlier on account of fear of the criminals she did not disclosed his name.
Counsel for the applicant has submitted that it is clear from the entire facts that the applicant has been implicated after more than a year and it appears that to save the accuseds named by the mother of the deceased he has been falsely implicated along with co-accused, Aprit Kumar @ Bantu. There is no other evidence against him except the statement of the neighbour of the informant. The story of his illicit relationship with the mother of the deceased has been cooked up only to exonerate the accuseds named by the mother of the deceased and to implicate the applicant. Counsel for the applicant further submitted that co-accused Aprit Kumar @ Bantu has already been granted bail by the co-ordinate Bench of this Court vide order dated 20.01.2020 in Criminal Misc. Bail Application No. 2970 of 2020.
It has been further submitted that applicant is in jail since 5.5.2019 having criminal history of two cases, which has been explained in paragraph 3 of the supplementary affidavit dated 22.7.2019 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
After considering the rival submissions noted hereinabove, larger mandate of Article 21 of the Constitution of India and the material brought on record and without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I am of the opinion that the applicant is entitled to be released on bail.
Let the applicant- Sadi Nai @ Devi Sharan @ Sani Nai, be released on bail in Case Crime No. 63 of 2018, under Sections- 364, 302, 201, 120-B IPC, Police Station- Kotwali Orai, District- Jalaun, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.9.2020 Noman