1. Heard Sri Siddharth Jaiswal, learned counsel for the applicant; as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Janu Sonkar with a prayer to release him on bail in Case Crime No. -316 of 2019, under Sections - 364A, 392, 411, 419, 420, 467, 468, 471, 344, 370 I.P.C. & 7/8 POCSO Act at Police Station - Khuldabad, District - Prayagraj (Allahabad), during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of robbery and kidnapping to murder and other offences, punishable with imprisonment upto life;
(ii) against FIR lodged on 29.09.2019, the applicant is in confinement since then;
(iii) the applicant claims to have cooperated in the investigation;
(iv) as to criminal history, subsequent to the present case, the applicant has been implicated in some other cases;
(v) though investigation is pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the FIR was lodged against named accused and the statement of the victim has also been recorded after their recovery, however, at no stage, the applicant was named by the informant or the victim. It has then been submitted that the applicant has been falsely implicated by the police personnel due to their petty differences with the applicant;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 17.12.2019 S.Chaurasia