Lovsang Sering Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

Lovsang Sering Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Bail granted to applicant Lovsang Sering on the ground of parity; release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with sureties to be verified before issuance of the release order and subject to the three stated conditions.

Issue for consideration

Whether the applicant, in custody since 01.08.2024 in Case Crime No.0142 of 2024 under Sections 14(c) of Foreigners Act (Police Station Sonauli, District Maharajganj), is entitled to enlargement on bail during pendency of trial on the ground of parity with co-accused Gu Baoquang, who has already been enlarged on bail and whose role is identical to that of the applicant.

Court's answer

Considering the facts and circumstances of the case, submissions of learned counsel, evidence on record, pending trial and the cited judgements (Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938; Paras Ram Vishnoi vs. The Director, CBI, MANU/SCOR/22410/2021; Satender Kumar Antil vs. CBI and another, 2022 SCC OnLine SC 825), and without expressing any opinion on the merits, the Court found the applicant had made out a case for bail and allowed the bail application on the ground of parity.

Ratio / Principle

Applicant Lovsang Sering to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) he shall not tamper with evidence during trial; (ii) he shall not pressurize/intimidate prosecution witnesses; (iii) he shall appear before the trial court on the date fixed; sureties to be verified before issuing the release order; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

Observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.obiter¶17

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 65), Neutral Citation 2025:AHC:130822 — Criminal Misc. Bail Application No. 13181 of 2025 (Order Date 4.8.2025, Justice Krishan Pahal). Applicant Lovsang Sering, languishing in jail since 01.08.2024 in Case Crime No.0142 of 2024 under Sections 14(c) of Foreigners Act, Police Station Sonauli, District Maharajganj, granted bail during pendency of trial solely on the ground of parity, as similarly placed co-accused Gu Baoquang had already been enlarged on bail by a Co-ordinate Bench vide order dated 27.03.2025 passed in Criminal Misc. Bail Application No. 42969 of 2024, a factual aspect undisputed by the learned A.G.A. Decision reached in light of Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938, Paras Ram Vishnoi vs. The Director, CBI, MANU/SCOR/22410/2021, and Satender Kumar Antil vs. CBI and another, 2022 SCC OnLine SC 825, expressly without expressing any opinion on the merits. Release ordered on a personal bond and two sureties each in the like amount (sureties to be verified beforehand), subject to conditions of non-tampering with evidence, no pressurizing/intimidating prosecution witnesses and appearance before the trial court on dates fixed; breach to constitute ground for cancellation of bail; observations made in granting bail not to affect the trial Judge's independent opinion.