Kapil Alias Sarra vs State of U.P.

Neutral Citation No. - 2025:AHC:105746

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18010 of 2025

Applicant :- Kapil Alias Sarra Opposite Party :- State of U.P. Counsel for Applicant :- Bipin Kumar,Jai Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Jai Prakash Sharma, learned counsel for the applicant and Shri Ajai Singh, learned A.G.A. for the State and perused the record.

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The present bail application has been filed by the applicant Kapil @ Sarra with a prayer to enlarge him on bail in Case Crime No.679 of 2020, under Sections 394, 302, 411 and 34 I.P.C. Police Station-Medical, District-Meerut, during pendency of trial.

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Learned counsel for the applicant submits that the first information report was lodged by the informant against unknown persons regarding loot in his jewellery shop and murder of his son. The incident is alleged to have taken place on 8.9.2020 at about 12:45 p.m. He further submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant was not named in the first information report. His name has been surfaced in the confessional statement of co-accused Tarun Thakur @ Abhishek recorded before the police after he was taken into custody. The recovery of four white metal coins were shown from the house of the applicant on his pointing out, which is wholly inadmissible against him. Learned counsel for the applicant further submits that the co-accused Anuj @ Banti in his confessional statement has admitted the role of giving fire arm shot over the deceased. No specific role has been assigned to the applicant. He further submits that co-accused Tarun Thakur @ Abhishek and Ajay, have already been granted bail by the Coordinate Bench of this Court vide orders dated 04.08.2021 and 23.11.2022, passed in Cri. Misc. Bail Application 30021 of 2021, and 50775 of 2022. The bail application of other co-accused, namely, Anuj alias Banti has been rejected on the ground that there

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were recovery of Rs.3,50,000/- from him. Criminal history of ten cases has been explained in the supplementary affidavit filed today and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail; hence, bail has been prayed for.

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Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.

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Considering the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties, 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- Kapil @ Sarra , involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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The applicant will not tamper with the evidence.

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The applicant will not indulge in any criminal activity.

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The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

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The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned.

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In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

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Order Date :- 7.7.2025 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Kapil Alias Sarra v. State of U.P.

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Kapil Alias Sarra v. State of U.P.

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