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2025 DAILYLAW 183549 (ALL)

SUMANTA ALIAS SOMWATI AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

/12371/2025 · 2025-12-15

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 12371 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicants, learned AGA for the State and perused the record. In the prosecution case, it is alleged that four women wearing burkas visited the complainant’s jewellery shop with the intention of purchasing jewellery. While the jewellery was being shown, a pair of ear-rings valued at Rs. 12,000/- was allegedly stolen by them. The accused persons were identified through CCTV footage, whereafter the complainant chased them and made a call to 112. Upon personal search of co-accused Suneeta, one pair of ear- rings was recovered. Submission of learned counsel fro the applicants is that the offence is triable by a Magistrate; the applicants are innocent; no recovery has been effected from the applicants; the applicants are women and are in judicial custody since 11.11.2025. It is further submitted that the criminal antecedents of the applicants have been duly explained in paragraphs 23 and 24 of the bail application. It is further submitted that there is no possibility of the applicants of fleeing away after being released from jail or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail. Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants. Versus Counsel for Applicant(s) : Kaushal Kishore Tewari, Shakti Counsel for Opposite Party(s) : G.A. Sumanta Alias Somwati And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Considering the fact that the offence is triable by a Magistrate; the applicants are women and are languishing in jail since 11.11.2025; and their criminal antecedents have been explained in paragraphs 23 and 24 of the bail application, I find it to be a fit case for enlarging the applicants on bail. Accordingly, the bail application is allowed. Let the applicants Sumanta Alias Somwati and Suman @ Prema, involved in Crime no-328 of 2025, U/S-303(2)/317(2)/317(4) Β.N.S., (379/411/413 IPC), P.S. Sharda Nagar, District - Lakhimpur Kheri, be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:- (i) the applicants shall not tamper with the prosecution evidence; (ii) the applicants shall not pressurize the prosecution witnesses; (iii) the applicants shall appear on each and every date fixed by the trial Court. Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed. It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial. December 15, 2025 R.C. BAIL No. 12371 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench