Allahabad High Court
SOHILversusSTATE OF U.P.
- Decided
- Bench
- JAI PRAKASH TIWARI
Holding
Bail was granted to the applicant with conditions.
Summary
The High Court considered a bail application filed on behalf of Sohil, who is charged in Crime No. 27 of 2025 under several sections of the Indian Penal Code and the Information Technology Act. The applicant argued that he is not named in the FIR, has no prior convictions, and has been in custody since 14‑Nov‑2025, and that a co‑accused in a similar case had already been granted bail. The State opposed the bail. The Court, without commenting on the merits, granted bail subject to a personal bond, two sureties, and conditions prohibiting witness tampering, seeking adjournments, and committing further offences. The order also directed verification of identities and urged the trial court to expedite the trial without unnecessary adjournments.
Issues considered
- Whether bail should be granted to the accused despite the serious charges under the IPC and IT Act.
- Whether the fact that the accused is not named in the FIR and has no prior convictions warrants bail.
- Whether the risk of witness tampering or further criminal activity justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 318(4), 319(2), 336(3), 338, 340(2), 61
- Information Technology Act — s. 66-C, 66-D
Subjects
- bail
- criminal procedure
- Indian Penal Code
- Information Technology Act
- trial delay
- witness tampering
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 44174 of 2025
Sohil
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Mirza Ali Zulfaqar
Counsel for Opposite Party(s) : G.A.
Court No. - 70
HON'BLE JAI PRAKASH TIWARI, J.
1-Heard learned counsel for the applicant as well as learned Additional
Government Advocate for the State.
2-The instant bail application has been filed on behalf of the applicant with a
prayer to release him on bail in Case Crime No. 27 of 2025, under Sections
61, 318(4), 319(2), 338, 336(3), 340(2) B.N.S. and under Section 66-C and
66-D of Information Technology Act, Police Station Cyber Crime, District
Rampur during the pendency of the trial.
3- It is argued by learned counsel for the applicant that applicant is not
named in the first information report. Similar role has been assigned to the
applicant to that of co-accused Pawan, who has already been enlarged on
bail by this Court vide order dated20.03.2026 passed in Criminal Misc. Bail
Application No. 9503 of 2026, copy of which has been placed before this
Court, is on record. There is no prospect of trial of the present case being
concluded in near future due to heavy dockets. The applicant is not a
previous convict. The applicant is languishing in jail since 14.11.2025 and in
case he is released on bail, he will not misuse the liberty of bail.
4-Per contra, learned Additional Government Advocate has opposed the bail.
5-Having considered the submissions of the parties, without expressing any
opinion on the merits, the bail application is allowed.
BAIL No. 44174 of 2025
2
6-Let the applicant-Sohil involved in the aforesaid case 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 with the following conditions that :-
(i) The applicant shall not tamper with the prosecution evidence by
intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any
adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission
of any crime after being released on bail.
7-In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail. Identity, status and residence proof of the applicant and
sureties be verified by the court concerned before the bonds are accepted.
8-The trial Court shall make an endeavour to conclude the trial of the
applicant expeditiously without granting any unnecessary adjournments to
either of the parties.
(Jai Prakash Tiwari,J.)
May 7, 2026
T.S.
Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad
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