Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19329 of 2021 Applicant :- Ajay Sonkar Opposite Party :- State of U.P.
Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- G.A.,Madan Mohan Srivastava
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned AGA for the State and perused the record.
It has been argued by learned counsel for the applicant that applicant is not named in first information report and that he was falsely implicated during investigation without any cogent evidence against him. Learned counsel submitted that involvement of applicant was shown merely on the basis of extra judicial confession, which was allegedly made before witness Goga @ Nausad. There is no eye-witness of alleged incident and that even there is no such circumstantial evidence like that of 'last seen' against the applicant. Learned counsel submitted that applicant was a tenant in the premises of deceased but there has been no dispute of tenancy between the applicant and deceased and thus, applicant has no motive at all to cause death of deceased. It has been submitted that applicant was falsely implicated merely on the basis of suspicion. No recovery of any incriminating article or weapon has been shown from applicant or at his instance. The alleged recovery of Chapad, used in the incident, has been shown on the pointing out of co-accused Devanand. Lastly, it was submitted that the applicant is languishing in jail since 03.01.2021, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. and learned counsel for the first informant have opposed the prayer for bail and argued that during investigation, it was found that applicant was involved in the incident.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on 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.
Let the applicant Ajay Sonkar involved in Case Crime No. 222 of 2020, under Sections 302, 34 IPC and Section 4/25 Arms Act, P.S. Mehnagar, District Azamgarh, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.9.2021 A. Tripathi