Allowed

Suhail and Another v. State of U.P.

Allahabad HC15 Sept 2022BAIL/27993/2022

Case brief

AI extract

What is this about?

In a criminal bail application filed by two labourers allegedly falsely implicated in a case involving cruelty to animals and cheating, the Hon'ble Deepak Verma, J. allowed bail in reliance on Satendra Kumar Antil Vs. C.B.I. & Another, directing release on personal bond with two sureties each.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties each on conditions.

Suhail and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27993 of 2022

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Applicant :- Suhail And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants, 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 applicants with a prayer to release them on bail in Case Crime No.137 of 2022, under Sections 273, 429, 420 & 120-B I.P.C. and Section 11 Prevention of cruelty to Animals Act, 1960, P.S. Jawan, District Aligarh, during pendency of the trial.

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It is argued by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. The applicants are labour and they have no concern with the alleged offence. It has been further submitted that three coaccused Aleem Abbasi, Khalid Quresh and Afsar have been granted bail by this court vide order dated 07.07.2022 passed in Crl. Misc. Bail Application No. 27167 of 2022 and the case of the applicant is similar to that of co-accused, hence, they are entitled for bail on parity. The applicant no. 2 has no criminal history whereas applicant no. 1 has two cases of criminal history which has been explained in para-19 of the bail application. There is no prospect of trial of the present case being concluded in near future. They are languishing in jail since 21.05.2022 and in case they are enlarged on bail, they 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 applicants but could not dispute the facts narrated by counsel for the applicants.

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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

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the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021, 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 applicants, Suhail and Kalim be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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The applicants 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 :- 15.9.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.09.17 13:19:05 IST Reason: Location: High Court of Judicature at Allahabad

Suhail and Another v. State of U.P.

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Suhail and Another v. State of U.P.

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