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2025 DAILYLAW 71920 (ALL)

SUMIT SHARMA v. STATE OF U.P.

BAIL/23541/2025 · 2025-08-05

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133442 Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23541 of 2025 Applicant :- Sumit Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Sudarshan Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Shri Sudarshan Singh, learned counsel for the applicant and Shri B.P. Singh, learned A.G.A.. 2. This is the second bail application on behalf of the applicant, who is facing trial for an offence under Section 498A, 304B, 201 IPC and 3/4 of the DP Act. The applicant is in jail since, 02.07.2021 i.e. about four years. 3. I have perused the status report of the trial court dated 22.07.2025 that out of the initially proposed 36 witnesses, prosecution has now proposed to examine only 8 witnesses, out of which, five have already been examined. Therefore, trial has much proceeded. 4. I found the substance in the submission of the learned counsel for the applicant that in case of conviction, minimum sentence is ten years whereas the applicant is already in jail for four years. Therefore, considering the period of incarceration as well as the status of the trial, a case of bail is made out. 5. Let the applicant- Sumit Sharma be released on bail in Case Crime No. 279/2021 under Sections Section 498A, 304B, 201 IPC and 3/4 of the DP Act, Police Station- Swar, District- Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment or exemption from appearance on the date fixed in trial. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (iii) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C. (iv) The Trial Court may make all possible efforts/endeavour and try to conclude the trial expeditiously, preferably within a period of six months after release of applicant, if there is no other legal impediment. (v) Applicant has to appear on each and every date before learned trial Court and any application for exemption of his appearance on vague ground could be a ground for cancellation of bail by learned trial Court immediately. 6. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 7. The bail application is allowed. 8. It is made clear that the observations made hereinabove are only for the purpose of adjudicating the present bail application. 9. Trial Court will take all endeavour to expedite the trial. Order Date :- 6.8.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad