Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40097 of 2019 Applicant :- Akhilesh Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 208 of 2019, under Sections 418, 419, 420, 406, 411, 467, 468 and 471 I.P.C., P.S. Gazipur, district-Fatehpur, is seeking enlargement on bail during the trial.
As per first information report the complainant's Rs. 40,000/- wer taken by four accused persons namely, Awadhesh, Tunnu and Sona including present accused and he was given a 'Gaddi', in which one note of 500 was on the top another note of 500 was in the last and in between there were simple papers.
Learned counsel for the applicant submitted that the incident took place on 3.8.2019 and the applicant was arrested on 4.8.2019 and recovery of Rs. 4000/- was allegedly shown from his possession. There is no public witness of the alleged recovery. No identification parade was conducted by the police during investigation to ascertain the real culprit. He next submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Further submission is that all the offences are triable by the court of Magistrate. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 4.8.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Akhilesh Sonkar involved in the aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 26.9.2019 Faridul