Sonu @ Sohail v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46614 of 2023 Applicant :- Sonu @ Sohail Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Syed Ali Imam, learned counsel for the applicant, learned AGA for the State and perused the record.

¶2The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.403 of 2023, under Sections 307, 411 IPC and Sections 3/25/27 of the Arms Act, Police Station Sector-30 Noida, District Gautam Buddh Nagar, during the pendency of trial.

¶3It is a case of police firing. Learned counsel for the applicant submits that in the alleged incident no injury has been sustained by any of the police personnel. It is also contended that the applicant has never committed the offence as alleged by the prosecution; he has been implicated only on the basis of the criminal cases registered against him which have been explained in paragraph-14 of the affidavit filed in support of the bail application. There is no likelihood of his abscondence or tampering with the evidence. He is in jail since 31.08.2023. In case the applicant is enlarged on bail, he will not misuse the said liberty.

¶4Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions advanced by the counsel for the applicant, from the record.

¶5Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Sonu @ Sohail, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 6.12.2023 Shahroz High Court of Judicature at Allahabad