Allowed

Sohil @ Salman v. State of U.P.

Allahabad HC15 Sept 2021BAIL/33373/2021

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Sohil @ Salman in a case involving offences under Sections 420, 411, 413, and 414 I.P.C., granting bail subject to conditions, including furnishing a personal bond and two sureties, while clarifying that observations do not reflect on the ultimate merits of the case.

What did the court decide?

Release on bail subject to personal bond and two sureties, verified identity of sureties, and compliance with standard bail conditions.

Sohil @ Salman Vs State of U.P. — Cheque Dishonour | Allahabad HC (2021)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33373 of 2021

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Applicant :- Sohil @ Salman Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Singh Patel Counsel for Opposite Party :- G.A.

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Hon'ble Rajiv Joshi,J.

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Heard Sri Deepak Singh Patel, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.108 of 2021, under Sections 420, 411, 413, 414 I.P.C. Police Station Shahi, District Bareilly, during pendency of trial.

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It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the police. It is next contended that recovery of one motor cycle has been made from the joint possession of the applicant and other two co-accused namely Salman and Rohit, thereafter applicant has been roped in one case i.e. Case Crime No. 58 of 2021 under Section 379 I.P.C. which is pending before the court below. Learned counsel further submits that no recovery whatsoever has been made from the possession of the applicant and the alleged recovery of three motorcycles have been shown against the applicant is forged and fabricated for which there is no independent witness of the alleged recovery. It is further contended by learned counsel for the applicant that co-accused- Amil Khan having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 3.9.2021 passed in Criminal Misc. Bail Application No. 29113 of 2021, hence the applicant is entitled for bail on the ground of parity.

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Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 26.05.2021. It has been pointed out that the applicant has no previous criminal history as stated in paragraph no. 11 to the affidavit filed in support of the bail application.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the

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charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.

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Let the applicant, Sohil @ Salman who is involved in aforesaid crime 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.

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The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

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He will not tamper with the witnesses.

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He will not indulge in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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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.

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

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The computer generated copy of such order shall be self attested by the counsel of the party concerned.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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Order Date :- 15.9.2021 Akbar

Sohil @ Salman v. State of U.P.

Case brief

What is this about?

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Sohil @ Salman v. State of U.P.

Case brief

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