Allowed

Sobi v. State of U.P.

Allahabad HC3 Oct 2023BAIL/37560/2023

Case brief

AI extract

What is this about?

Court allowed bail under Section 439 Cr.P.C. to Sobi in a criminal case involving theft. It noted lack of independent witnesses to recovered articles, no hope of early trial conclusion, and granted bail to an identically placed co-accused. Bail was granted on personal bond and two sureties.

What did the court decide?

The applicant Sobi be released on bail on furnishing a personal bond and two sureties each of the like amount.

Sobi Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:188745

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37560 of 2023

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Applicant :- Sobi Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Chand Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned Counsel for the applicant and learned A.G.A. for the State-respondent.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 95 of 2023, under Sections 380, 457, 411 IPC, Police Station Sasni Kotwali, District Hathras, during pendency of the trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of certain utensils, a LED TV, one gas cylinder has been shown from the joint possession of applicant and two other persons. There is no independent witness to the alleged recovery. The recovered articles cannot be connected with the offence. It is next contended that identically placed co-accused Ashad has been granted bail by this Court in Criminal Misc. Bail Application No. 28633 of 2023 vide order dated 14.07.2023. The applicant claims parity. The criminal history of the applicant has been explained in para 9 of the affidavit. The applicant is in jail since 09.04.2023 and in case he is enlarged on bail, he will not misuse the said liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no independent witness to the alleged recovery. Identically placed co-accused Ashad has been granted bail by this Court. Further, the applicant has remained confined for more than five months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant, Sobi, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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i. the applicant shall not temper with the prosecution evidence;

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ii. the applicant shall not pressurize the prosecution witness;

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iii. the applicant shall appear on each and every date fixed by the trial court.

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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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Order Date :- 3.10.2023 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Sobi v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sobi v. State of U.P.

Case brief

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