Sumit v. State of U.P.
Case brief
What is this about?
Single judge granted bail to the applicant, Sumit, charged under Sections 307 and 506 IPC, noting that similarly situated co-accused had been released on bail, subject to standard conditions for subsequent compliance.
What did the court decide?
The applicant be enlarged on bail on executing a personal bond and two sureties.
What the court decided
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25457 of 2020
Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that the applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. It is further submitted that similarly situated coaccused Subham, Vinit and Dharmendra @ Kala have been granted bail by this Court vide orders dated 6.7.2020, 8.9.2020 and 8.9.2020 passed in Criminal Misc. Bail Application Nos. 17955 of 2020, 22811 of 2020 and 22806 of 2020 respectively, therefore, the applicant is also entitled to be released on bail. Prior to this case, there is no criminal history of the applicant. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 11.4.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Sumit , involved in Case Crime No. 94 of 2020, under Sections 307, 506 I.P.C., Police Station Mansoorpur, District Muzaffarnagar be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the ofÏcial website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to be released on bail in the instant case.
Whether the existence of bail for other co-accused entitles the applicant to similar relief.
Parties & counsel
- applicant
Sumit
Coram
Neeraj Tiwari
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/25457/2020
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