Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33889 of 2021 Applicant :- Aman Sonkar Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Pratap Mishra,Ajeet Dixit Counsel for Opposite Party :- G.A.,R S Dubey
Hon'ble Anil Kumar Ojha,J.
Counter affidavit has been filed by learned A.G.A. and the same is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 154 of 2020, under Section 147, 148, 149, 307, 504, 506 I.P.C.
registered at P.S.- Daraganj, District- Allahabad.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. After collection of evidence the investigating officer has concluded the investigation and submitted the charge sheet in the matter. The applicant has not committed the alleged offence. There is no independent witness in the present case. In the alleged incident, injuries suffered by the injured Raj Sonkar are simple in nature. Further submitted that co-accused Sagar Sonkar has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 34921 of 2021 vide order dated 15.12.2021 and claimed parity. Criminal history of applicant has been explained in para no. 15 of the affidavit in support of bail application. The applicant is languishing in jail since 05.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that injury sustained to injured is simple in nature and on the ground of parity, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Aman Sonkar involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 17.12.2021 VPS