Allowed

Sandeep @ Sohanveer v. State of U.P.

Allahabad HC24 Jun 2022BAIL/25051/2022

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application allowed in a case involving cheating and excise violations. Applicant was acquitted of being named in FIR but implicated in co-accused statements. Court granted bail on personal bond and two sureties subject to standard conditions.

What did the court decide?

Release of applicant on bail on furnishing personal bond and two sureties subject to specified conditions.

Sandeep @ Sohanveer Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25051 of 2022

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Applicant :- Sandeep @ Sohanveer Opposite Party :- State of U.P. Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard 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 with a prayer to release the applicant on bail in Case Crime No. 722 of 2021, registered under Sections 60(1) 63, 72, 65 of Excise Act and Sections 272, 273, 420, 467, 468, 471 I.P.C., Police Station Khatauli, District Muzaffarnagar during pendency of the trial.

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Learned counsel for the applicant submitted that the applicant is not named in the FIR. Nothing has been recovered from his possession. Fifteen persons are named in the FIR in which thirteen co-accused have been arrested on the spot. Applicant's name surfaced in the statement of co-accused, who were arrested from the spot and have been granted bail by this Court, copy of the bail orders have been annexed as Annexure 2 to the affidavit. The applicant is languishing in jail since 02.05.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant, Sandeep @ Sohanveer, who is involved in the aforesaid case 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 shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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

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

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Order Date :- 24.6.2022 Nitin Verma

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Digitally signed by NITIN KUMAR VERMA Date: 2022.06.24 15:57:49 IST Reason: Location: High Court of Judicature at Allahabad

Sandeep @ Sohanveer v. State of U.P.

Case brief

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Sandeep @ Sohanveer v. State of U.P.

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