Allowed

Sumit v. State of U.P.

Allahabad HC21 Jul 2022BAIL/29135/2022

Case brief

AI extract

What is this about?

This application deals with a petition for bail under IPC sections 352, 504, and 308. The High Court granted bail, noting cross-versions, mutual injuries, and no criminal record. The court imposed conditions regarding evidence tampering, trial cooperation, and court appearance.

What did the court decide?

Release on bail with personal bond and two sureties, subject to verification, undertaking not to tamper with witnesses, cooperate in trial, and appear on fixed dates.

Sumit Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29135 of 2022

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Applicant :- Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Suneel Kumar Mishra,Amit Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant and learned A.G.A.

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The instant bail application has been filed on behalf of the applicant, Sumit, with a prayer to release him on bail in Case Crime No. 349 of 2017, under Sections 352,504,308 IPC Police Station Salempur, District- Bulandshahar, during pendency of trial.

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Submission is that there are cross versions of the incident registered by both the parties. Injuries have been caused to both the parties. It cannot be ascertained at this stage which party was the aggressor. The applicant is in jail since 15.6.2022 and has no criminal history to his credit.

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

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, 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 recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 and without 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.

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Let the applicant 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,

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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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That the applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police ofÏcer;

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The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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

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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 :- 21.7.2022 Atul kr. sri.

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Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.07.21 18:17:26 IST Reason: Location: High Court of Judicature at Allahabad

Sumit v. State of U.P.

Case brief

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Sumit v. State of U.P.

Case brief

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