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2025 DAILYLAW 87523 (ALL)

SOMPAL SINGH v. STATE OF U.P.

BAIL/28486/2025 · 2025-09-09

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 28486 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Saurabh Kumar Tiwari, Advocate holding brief of Sri Manish Kumar Singh, learned counsel for the applicant as well as Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record. 3. Applicant seeks bail in Case Crime No.212 of 2025, under Sections 109(1) B.N.S. and 3/25/27 of Arms Act, Police Station- Nakhasa, District- Sambhal, during the pendency of trial. 4. As per prosecution story, the applicant is stated to have fired at his nephew Abhijeet which did not hit him rather the informant is stated to have been hit by the pellets of the bullet on 20.7.2025 at about 06:30 p.m. 5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. The FIR is delayed by about three hours and there is no explanation of the said delay caused. 6. Learned counsel for the applicant has further stated that the applicant is suffering from cancer and needs regular treatment and medical attention. There is no mens rea of the applicant to cause injuries to the informant, as such, it is a clear cut case of false implication. There is no criminal antecedent of the applicant. The applicant is languishing in jail since 21.7.2025 and he is ready to cooperate with trial. In case, the applicant is Versus Counsel for Applicant(s) : Manish Kumar Singh Counsel for Opposite Party(s) : G.A. Sompal Singh .....Applicant(s) State of U.P. .....Opposite Party(s) released on bail, he will not misuse the liberty of bail. 7. Per contra, learned A.G.A. has vehemently opposed the bail application. 8. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, taking into consideration the delay in institution of FIR and the injuries sustained by the injured person, 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. 9. Let the applicant- Sompal Singh, 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 pressurize/intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed. 10. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 11. 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. September 10, 2025 Vikas Verma BAIL No. 28486 of 2025 2 (Krishan Pahal,J.) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad