Allowed

Somil v. State of U.P.

Allahabad HC6 Dec 2022BAIL/35535/2022

Case brief

AI extract

What is this about?

This is a bail application where the applicant, not named in the FIR, challenged false implication. The court relied on a prior Supreme Court decision to allow bail, directing the applicant to furnish a personal bond and two sureties subject to standard conditions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties subject to conditions regarding tampering with witnesses and cooperating in the trial.

Somil 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. - 35535 of 2022

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Applicant :- Somil Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit, filed today, is taken on record.

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Heard learned counsel for the applicant and 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.255 of 2022, under Sections 3/5/8 Cow Slaughter Act and Section 379 I.P.C., P.S. Sungadhi, District Pilibhit, during pendency of the trial.

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It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. The applicant is not named in the F.I.R. His name surfaced in the confessional statement of co-accused Saddam. There is no independent or public witness of the alleged recovery. It is submitted that no offence under U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act. Further submission is that co-accused Saddam has been granted bail by Co-ordinate Bench of this Court vide order dated 18.08.2022 passed in Crl. Misc. Bail Application No.35335 of 2022 and the case of the applicant stands on better footing, hence he is also entitled to be enlarged on bail on the ground of parity. Criminal history against the applicant has been explained in para-3 of the supplementary affidavit. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 22.06.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and cooperate 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

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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 applicant, Somil, 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 :- 6.12.2022 Meenu

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Digitally signed by MEENU SINGH Date: 2022.12.07 12:07:28 IST Reason: Location: High Court of Judicature at Allahabad

Somil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Somil v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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