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2025 DAILYLAW 19313 (ALL)

SOMPAL v. STATE OF U.P.

BAIL/6005/2025 · 2025-02-19

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:25170 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6005 of 2025 Applicant :- Sompal Opposite Party :- State of U.P. Counsel for Applicant :- Mahendra Pal Singh Gaur,R.U. Rinki Renu Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No. 0087 of 2024 at Police Station- Vijaynagar, District- Ghaziabad under Section 306 I.P.C. The applicant is in jail since 10.06.2024. The bail application of the applicant was rejected by the learned trial court on 21.12.2024. The following arguments made by Sri Mahendra Pal Singh Gaur, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Sri Paritosh Kumar Malviya, learned A.G.A.-I from the record, entitle the applicant for grant of bail: 1. The applicant is the brother-in-law of the deceased. 2. The applicant never interfered in the matrimonial life of the deceased. 3. The deceased was a temperamental lady who was prone to extreme reactions even over trivial issues. The deceased was incensed by the fact that her husband financially supported the applicant and that he was residing with them. 4. On the fateful day the deceased consumed a substance. When the substance began to take effect the applicant promptly rushed her to the hospital but to no avail. The victim died on the way to the hospital. 5. The applicant did not aid or abet the suicide. 6. The applicant claims congruency in role and seeks parity in relief granted to the co-accused who has been enlarged on bail by this Court by order dated 28.08.2024 in Criminal Misc. Bail Application No. 25596 of 2024. 7. The applicant does not have any criminal history apart from this case. 8. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or re-offending. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. Let the applicant-Sompal be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iii) The learned trial court is directed to fix the sureties after due application of mind in light of the judgement passed by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023). The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties, or onerous conditions which are unrelated to the socioeconomic status of the applicant. Order Date :- 20.2.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad