Allowed

Samasveer @ Samsu v. State of U.P.

Allahabad HC20 Feb 2023BAIL/6120/2023

Case brief

AI extract

What is this about?

This bail application was allowed by the High Court on the ground of parity with a co-accused who had already been granted bail. The court emphasized the applicant's lack of criminal history and the identical role in the case while imposing standard bail conditions.

What did the court decide?

Applicant Samasveer @ Samsu was released on bail by furnishing a personal bond and two heavy sureties subject to specified conditions.

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

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6120 of 2023

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Applicant :- Samasveer @ Samsu Opposite Party :- State of U.P. Counsel for Applicant :- Syed Shahnawaz Shah 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 Sri Mohd. Nooruddin Khan, learned Advocate holding brief for Sri Syed Shahnawaz Shah, learned counsel for the applicant as well as Sri Vibhav Anand Siingh, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 42 of 2022, under Sections 147, 148, 302, 307, 394, 506 IPC, Police Station Sardhana, District Meerut, during the pendency of trial.

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It is submitted by learned counsel for the applicant that similarly placed co-accused person, Deepak has already been enlarged on bail by this Court vide order dated 31.10.2022 passed in Criminal Misc. Bail Application No. 46310 of 2022. The applicant was not named in the FIR. The applicant is languishing in jail since 4.1.2023, having no criminal history. He further submitted that since the role of the applicant is identical to that of co-accused, who has 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 have been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the coaccused and of no criminal history of the applicant, have 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, pending trial and in light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Apex Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has

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made out a case for bail. The bail application is allowed on the ground of parity.

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Let the applicant- Samasveer @ Samsu 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 :- 20.2.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Samasveer @ Samsu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Samasveer @ Samsu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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