Allowed

Sohan Lal Kol v. State of U.P.

Allahabad HC10 Oct 2022BAIL/43427/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Sohan Lal Kol accused in a police firing case involving Sections 307 IPC. The Court relied on insufficient corroboration of recovery and no injury to police to grant bail subject to conditions.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties, one being a family member, subject to standard bail conditions.

Sohan Lal Kol Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 49

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43427 of 2022

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Applicant :- Sohan Lal Kol Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Nalin Kumar Srivastava,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed any offence. Alleged offences are not made out against the applicant. The allegations made in the F.I.R. are false. Nothing incriminating has been recovered from the possession of the applicant. Applicant has been languishing in jail since 12.6.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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On the other hand, learned A.G.A. opposed the prayer for bail.

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There is no independent public witness of the alleged recovery and arrest of the accused, whereas recovery of a rifle, currency notes and chargers have been alleged. It has been submitted by the accused that after the arrest of the accused in the present matter, he has been implicated in the false cases. No injury has been inflicted to any of the police personnel, whereas it is a police firing case. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 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 Sohan Lal Kol involved in Case Crime No.134 of 2019 under Sections 307 IPC and 12/14 of Dacoity Affected Area Act, Police Station Manikpur, District – Chitrakoot be released on bail on furnishing a personal bond and two local sureties, of which at least one will be the family member of the applicant, 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 not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is

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suspected.

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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 officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.

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Order Date :- 10.10.2022 ss

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Digitally signed by SANDEEP SHARMA Date: 2022.10.11 18:29:53 IST Reason: Location: High Court of Judicature at Allahabad

Sohan Lal Kol v. State of U.P.

Case brief

What is this about?

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Sohan Lal Kol v. State of U.P.

Case brief

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