Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34410 of 2019 Applicant :- Anshu Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, Smt. Ladlee Pandey, learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against seven persons namely, Devendra Tiwari @ Guddan, Manoj Tiwari, Vedansh Tiwari, Anshu Sonkar, Sanjay Yadav, Hasnain Khan & Monti Yadav and fifteen unknown persons alleging that on 31.5.2019 at 13 hours they assaulted Ram Rishi Mehrotra with axe, 'saria' butt of gun and stick(lathi- danda). Later on, he died on 5.6.2019. According to postmortem report, cause of death could not be ascertained, viscera was preserved. He received two antemortem injuries(abrasion on left elbow joint and a black colour stab on right parietal region).
It is submitted by learned counsel for the applicant that co- accused namely Sanjay Yadav has already been granted bail by this Court vide order dated 19.8.2019 in Criminal Misc. Bail Application No. 33094 of 2019, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. The applicant is languishing in jail since 12.6.2019 (more than two months) having no criminal history. He has been falsely implicated. General role is alleged to have been assigned to all the accused and it is not clear as to who was author of having caused injury resulting in death of deceased. Deceased received two injuries but no fracture was found. Injuries received by deceased were found simple in nature. According to postmortem report, cause of death could not be ascertained and viscera was preserved. Nothing has been recovered from his possession or at his pointing out. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He admitted that the applicant has no criminal history and his case is identical to co-accused who has been granted bail by this Court.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and 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. The bail application is allowed.
Let applicant Anshu Sonkar involved in Case Crime No.171 of 2019, under Section 147, 148, 149, 452, 323, 504, 506, 302 IPC, Police Station Kalpi, District Jalaun be released on bail on furnishing 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 will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will 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 him 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 26.8.2019 A. Singh