Sumiran Kol v. State of U.P

Order on Bail

¶1Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

¶2The FIR in question was lodged against unknown persons with regard to the theft of a vehicle, the applicant was subsequently arrested upon a CCTV footage, although, no recovery of vehicle was shown against the applicant.

¶3It is argued by learned counsel for the applicant that no identification of the applicant has been done and there is no verification and corroboration with the CCTV footage. The criminal antecedents have been duly explained in the supplementary affidavit and in all the cases applicant is on bail.

¶4Learned A.G.A. vehemently opposed the bail prayer.

¶5Considering the fact that the applicant was not named in the FIR, he is in custody since 07.01.2023 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

¶6Accordingly, the bail application is allowed.

¶7Let the applicant Sumiran Kol be released on bail in FIR/ Case Crime No. 0602 of 2022, under Sections 457, 380, 411 IPC, P.S. Naini, District Prayagraj, on his furnishing personal bonds and two reliable sureties of Rs. 25,000/- each to the satisfaction of the court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) 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. Order Date :- 30.10.2023 S.A. High Court of Judicature at Allahabad

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39189 of 2023 Applicant :- Sumiran Kol Opposite Party :- State of U.P. Counsel for Applicant :- Satish Sharma Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J. Supplementary and counter affidavits filed today are taken on record.