Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23381 of 2019 Applicant :- Deepu Sonar @ Deepak Opposite Party :- State Of U.P.
Counsel for Applicant :- Saurabh Basu,Prashant Agrawal Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Sri Saurabh Basu, learned counsel for the applicant, Sri I.P. Srivastava, learned A.G.A. for the State and perused the record of the present bail application.
The present bail application has been filed by the applicant – Deepu Sonar @ Deepak with a prayer to enlarge him on bail in Case Crime No.0157 of 2015, under Sections 396, 307, 427 I.P.C., Police Station Bakewar, District Fatehpur.
It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is argued that the FIR has been lodged against unknown persons with the allegation that on 30.10.2015 at about 9 a.m. while the informant along with his nephew Ashutosh Shukla were going to their jewellery shop by Alto Car, a white Bolero came from behind and after overtaking the informant, five unknown miscreants armed with weapons came down and started firing upon the informant and exhorted to kill them and also looted the jewellery as well as mobile and other things. It is further contended that final report was submitted in the case in which the applicant's name was not mentioned. In the earlier statement of the informant no-one has been named whereas in the subsequent statement of the informant, which was recorded on 24.10.2016, for the first time the name of the applicant surfaced. Nothing incriminating article has been recovered either from the possession of the applicant or on his pointing out. Criminal history of the applicant is explained in paragraph 23 of the affidavit filed in support of the bail application. It is next contended that there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 06.12.2018. Accordingly, he requests for bail.
Learned A.G.A. vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, reported in (2018) 3 SCC 22, without expressing any opinion on merit of the case, let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 6.6.2019 Anand Sri./-