Allowed

Sunil Kumar Goswami v. State of U.P. and Another

Allahabad HC13 Feb 2023BAIL/57325/2022

Case brief

AI extract

What is this about?

High Court granted bail to Sunil Kumar Goswami involved in a murder case under IPC Sections 302, 328, 120-B. The order was issued based on parity with a co-accused already on bail and citing jail overcrowding under Article 21, directing expedited trial within one year.

What did the court decide?

Applicant released on bail with personal bond and two sureties; trial to conclude within one year.

Sunil Kumar Goswami Vs State of U.P. and… — Murder and Culpable Homicide | Allahabad HC (2023)

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RESERVED ON 6.2.2023

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DELIVERED ON 13.2.2023

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57325 of 2022

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Applicant :- Sunil Kumar Goswami Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shresth Pratap Singh,Kumar Kartikeya Counsel for Opposite Party :- G.A.,Awadhesh Kumar Mishra

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Hon'ble Siddharth,J.

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Heard Shri Kumar Kartikey, learned counsel for the applicant;Shri C.P. Singh, learned counsel for the informant and learned A.G.A for the State.

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The submission is that co-accused, Bhupendra Kumar @ Chhotu Rawani, hae already been enlarged on bail vide Criminal Misc. Bail Application No. 47589 of 2022 by order of date and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail for the reasons given in bail application of co-accused on the ground of parity. The applicant is in jail since 15.11.2022.

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On the other hand learned A.G.A and learned counsel for the informant have opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5- 6 times overcrowding in jails over and above their capacity

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by the under trials 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, Sunil Kumar Goswami, involved in Case Crime No. 47 of 2021, under Sections 302,328,120-B IPC, Police Station- Duddhi District- Sonbhadra, 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 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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.

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The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of one year from the date of production of a certified copy of this order, if there is no legal impediment.

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Order Date :- 13.2.2023 Atul kr. sri.

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Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad

Sunil Kumar Goswami v. State of U.P. and Another

Case brief

What is this about?

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Sunil Kumar Goswami v. State of U.P. and Another

Case brief

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