Allowed

Sunil Alias Sheriya v. State of U.P. and Another

Allahabad HC5 Apr 2023BAIL/56012/2022

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant in a bail application concerning charges under various sections of the IPC, allowing it solely on the ground of parity with similarly placed co-accused already enlarged on bail, without expressing an opinion on the merits of the case.

What did the court decide?

Ordered release of the applicant on bail with personal bond and two heavy sureties, subject to conditions and verification of identity proofs.

Sunil Alias Sheriya Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2023)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56012 of 2022

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Applicant :- Sunil Alias Sheriya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Shri Sanjay Singh, learned counsel for the applicant as well as Shri V.K.S. Parmar, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No.198 of 2022, under Sections 323, 342, 376D, 506, 120B I.P.C., Police Station Lohamandi, District Agra, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused persons, Sanju @ Sumit and Omi Alias Omprakash, have already been enlarged on bail by this Court vide orders dated 24.03.2023 and 17.03.2023 passed in Criminal Misc. Bail Application Nos.3313 of 2023 and 3180 of 2023. The applicant is languishing in jail since 26.10.2022. The criminal history assigned to the applicant stands explained. He further submitted that since the role of the applicant is identical to that of co-accused, who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity.

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The prayer for bail has been vehemently opposed by learned A.G.A. on the ground that the applicant has criminal history to his credit. However, the aforesaid factual aspects of parity to the co-accused has not been disputed by him.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, and also taking into consideration the judgment of the Apex Court passed in the case of Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation , MANU/SCOR/22410/2021 and the judgment of this Court passed in the case of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Cri.L.J. 938 , 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 on the ground of parity. The bail application is allowed on the ground of parity.

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Let the applicant- Sunil Alias Sheriya involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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

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(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(v) 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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 5.4.2023 Ravi Kant

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Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad

Sunil Alias Sheriya v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Sunil Alias Sheriya v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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