Court No. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9301 of 2020 Applicant :- Buddhu Sonker Alias Babu Sonker Opposite Party :- State of U.P.
Counsel for Applicant :- Amarnath Tiwari, Ramendra Nath Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
This bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.392 of 2019, under Sections 396, 412 IPC, Police Station- Sarnath, District- Varanasi during pendency of the trial.
I have heard Sri Ashish Kumar Singh, learned counsel for the applicant and learned AGA for the State.
As per averments made in First Information Report the informant along with his brother were returning after closing their shop and were chased by two unnamed persons one of whom shot the brother of the informant when he resisted the attempt to snatch the bag containing 3-4 lakh rupees. Admittedly the applicant is not named in the FIR. His implication however has surfaced on the basis of statement made by co-accused Nitesh Pandey @ Happy. According to him, the applicant had snatched the bag and had also shot the deceased. Recovery of Rs.56,000/- as well as country made pistol has been shown from the possession of the applicant. On that basis applicant has been charge-sheeted and he is languishing in jail since 08.08.2019.
Learned counsel for the applicant states that apart from a case under Section 307 in the year 2003 there has been no criminal history and that he has been falsely implicated in order to exert pressure upon the applicant whose wife lodged a complaint against local doctor. It is stated that Rs.56,000/- allegedly shown from the applicant is his earned money and is otherwise not shown to be amount snatched from the applicant. It is stated that no charge sheet under Section 302 has been filed against the applicant and the co-accused on whose statement the applicant is implicated, has already been enlarged on bail. No Test Identification Parade has otherwise been conducted Learned A.G.A opposed the prayer for bail but has not controverted the aforesaid facts.
In view of the above statements and looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Buddhu Sonker Alias Babu Sonker involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 28.4.2021 A.Kr.