Allowed

Somveer v. State of U.P.

Allahabad HC10 Dec 2020BAIL/22083/2020

Case brief

AI extract

What is this about?

In a bail application for offences under Sections 147, 148, 149, and 307 IPC, the High Court allowed bail to the applicant. The decision relied on the applicant's prima facie claim of innocence, the statutory explanation of his injury, and the larger mandate of Article 21 regarding virus safety in jails, while distinguishing merit from bail grounds.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each in the like amount.

Somveer Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22083 of 2020

¶3

Applicant :- Somveer Opposite Party :- State of U.P. Counsel for Applicant :- Purushottam Dixit,Ashutosh Upadhyay,Mahendra Singh Counsel for Opposite Party :- G.A.,Preet Pal Singh Rathore

¶4

Hon'ble Rajiv Joshi,J.

¶5

Heard Sri V.P. Srivastava, learned Senior Advocate assisted by Sri Purushottam Dixit, Advocate and Ashutosh Upadhyay, Advocate, learned counsel for the applicant, Sri Preet Pal Singh Rathore, learned counsel for the informant,learned A.G.A for the State and perused the record..

¶6

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.174 of 2020, under Sections- 147, 148, 149 and 307 IPC, Police Station- Bahjoi, District- Sambhal, during pendency of trial.

¶7

It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case. It is further submitted that as per the FIR on 7.5.2020 firing between two rival groups as a result thereof one Dharamveer got injured. It is further contended that as per the statement of the injured role of firing was assigned to the co-accused Dharmendra not the applicant. The role of exhortation was assigned to the applicant. The applicant is in jail since 8.5.2020 having criminal history of 18 cases has been explained in the supplementary affidavit, out of which in 06 cases, he has acquitted and in 07 cases final report has been submitted and in rest 05 cases he granted bail and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

¶8

Learned A.G.A. as well as learned counsel for the informant have opposed the bail prayer of the applicant.

¶9

Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without

¶10

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.

¶11

Let the applicant, Somveer who is involved in the aforesaid case crime number 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.

¶12

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶14

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶15

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶16

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

¶17

The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

¶18

Order Date :- 10.12.2020 Akbar

Somveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

Somveer v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Pawan Dubey Vs State of U.P.

Ranjeet Vs State of U.P.

Sandeep Dubey Vs State of U.P.

Lalaram Vs State of U.P.

Sonu Vs State of U.P.

Nitin Kumar Ram Vs State of U.P.