Sumit vs State of U.P.

The present bail application has been filed with the prayer to enlarge the applicant - Sumit on bail in Case Crime No. 300 of 2025, under Sections 352, 351(3), 105 and 3(5) B.N.S., Police Station- Mehnagar, DistrictAzamgarh, during the pendency of the trial.

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As per the first information report, the applicant along with five other named accused persons is alleged to have assaulted the informant, his niece, sister-in-law, mother and his sister. Mother of the informant, namely, Dharma Devi succumbed to her injuries.

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It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. A vague and general role has been assigned to the applicant. No specific role has been attributed to the present applicant. Alleged offences are not made out against the applicant. It is further submitted that co-accused Pradeep, Manish and Motilal, who were also named in the F.I.R., have been granted bail by coordinate Bench of this Court vide order dated 14.10.2025 passed in Crl. Misc. Bail Applications No.34580 of 2025, 34551 of 2025 and 34462 of 2025. It is further submitted that it is not known as to who was the author of the head injury which proved fatal to the deceased because a general role of assault has been assigned to all the accused persons. It is further submitted that the applicant has no criminal antecedents. He has been languishing in jail since 13.6.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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BAIL No. 38581 of 2025

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2

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On the other hand, learned A.G.A. opposed the prayer for bail.

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Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 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 Sumit involved in Case Crime No. 300 of 2025, under Sections 352, 351(3), 105 and 3(5) B.N.S., Police Station- Mehnagar, District- Azamgarh 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. Further, before issuing the release order, the sureties be verified.

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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 commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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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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November 13, 2025 ss

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(Nalin Kumar Srivastava,J.)

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Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad

Sumit v. State of U.P.

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Sumit v. State of U.P.

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