Allahabad High Court
Sofiya Kamei vs State Of U.P. on 18 April, 2025
Author: Siddharth
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:57598
Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8792 of 2025
Applicant :- Sofiya Kamei
Opposite Party :- State of U.P.
Counsel for Applicant :- Anshu Singh,Hemendra Pratap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant, Sofia Kamei, who is involved in Case Crime No. 767 of 2022, under Sections 420, 467, 468, 471, 489-A, 34, 120-B IPC and Section 66D of IT Act, registered at Police Station- Bita-2, District- Gautam Budh Nagar and is in jail since 10.08.2023, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that similarly placed co-accused, Eke Uferemvukwe @ Edward Frank @ Zambiak Ek Maward Sialo, has already been enlarged on bail by this Court by order dated 01.04.2025 passed in Criminal Misc. Bail Application No. 53537 of 2023. He has further submitted that since the role of the applicant is identical to that of co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accused.
On the other hand, the prayer for bail has vehemently been opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Manish Sisodia vs. Directorate of Enforcement, 2024 LawSuit (SC) 677 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and the fact that similarly placed co-accused has already been enlarged on bail, 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 on the ground of parity. The bail application is allowed.
Let the applicant- Sofia Kamaei, be released on bail on her executing a personal bond and furnishing two sureties (out of two, one surety should be local), each in the like amount to the satisfaction of the court concerned with the following conditions :-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. 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 shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.
(iv) 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. is issued and the 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 of the Indian Penal Code.
(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.4.2025
P Kesari
