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2025 DAILYLAW 13303 (ALL)

SUNNY TOMAR v. STATE OF U.P.

BAIL/3508/2025 · 2025-10-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 3508 of 2025 Court No. - 69 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Ravindra Pratap Singh, learned counsel for the applicant, Sri Alok Sharma, learned A.G.A. for the State and perused the record. 2. Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.376 of 2024, under Sections 115(2), 110, 117(2), 352, 351(2) B.N.S., Police Station- Link Road, District Ghaziabad. 3. Contention of learned counsel for the applicant is that in the FIR as well as in the statement of injured, general allegations were made against the co- accused Sonu for causing injury and co-accused Sonu has already been enlarged on by this Court in Criminal Misc. Bail Application No.20078 of 2025 vide order dated 24.06.2025. Therefore, the applicant is entitled to be released on bail on the ground of parity. It is further submitted that the charge sheet has been filed by the police, therefore, there is no requirement for custodial interrogation. He also added that applicant has no criminal history and he is languishing in jail since 25.11.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but could not dispute the fact that co-accused has been enlarged on bail. Versus Counsel for Applicant(s) : Lalit Singh Tomar, Neeraj Singh, Ravindra Pratap Singh, Sunil Kumar Singh, Varun Shukla, Vishal Singh, Yateesh Kumar Singh Counsel for Opposite Party(s) : G.A. Sunny Tomar .....Applicant(s) State of U.P. .....Opposite Party(s) 5. Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Sunny Tomar involved in the aforementioned crime 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. iv. The applicant shall attend in accordance with the conditions of the bond executed by him. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. October 8, 2025 A.Kr. BAIL No. 3508 of 2025 2 (Arun Kumar Singh Deshwal,J.) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad