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2025 DAILYLAW 68841 (ALL)

KAMAL SOKHAL v. STATE OF U.P.

BAIL/22163/2025 · 2025-07-02

Krishan Pahal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103627 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22163 of 2025 Applicant :- Kamal Sokhal Opposite Party :- State of U.P. Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Bhaskar Bhadra, learned counsel for the applicant, Sri Arun Kumar Mishra, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.171 of 2025, under Sections 80(2), 85 B.N.S. and Section 3/4 D.P. Act, Police Station Izzatnagar, District Bareilly, during the pendency of trial. 4. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. The deceased has committed suicide out of despair and there is a suicide note which indicates that the deceased has finished her life out of her own sweet will and she has not levelled any allegations of abetment against any person whatsoever. The said suicide note has been annexed as annexure no.10 to the bail application. 5. Learned counsel for the applicant has further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 07.03.2025 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail. 6. Learned A.G.A. has vehemently opposed the bail application. 7. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the fact that the deceased has committed suicide out of despair and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 8. Let the applicant- Kamal Sokhal, who is involved in aforementioned case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with evidence during trial. (ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 10. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 3.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad