Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22807 of 2019 Applicant :- Kastoori Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyaveer Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
According to prosecution case, FIR was lodged against Suraj, Jhuri, Kastoori, Chandan, Rauni and wife of Jhuri alleging that on 29.1.2017 they assaulted Deepak(son of complainant) with stick(lathi-danda) and sharp edged weapons.
Learned counsel for the applicant submitted that vide order dated 1.11.2018 passed by Additional Sessions Judge, FTC II, Kushinagar, Jhuri Sonkar and Kastoori Sonkar were summoned on application of P.W.1 Durgawati under Section 319 Cr.P.C. in S.T. No. 307/2017, Case Crime No. 73/2017, under sections 323, 504, 506, 324, 452, 304 IPC on the basis of statements of P.W.1 Durgawati, P.W.2 Raj Kishor and P.W.3 Durjan Chauhan, without giving opportunity of cross- examining as well as hearing. Except, the statements of three persons mentioned above, there is no evidence against the applicant. The applicant and Kastoori Sonkar were named in the FIR but the Investigating Officer found no evidence against them. Hence Final Report (closure report) was submitted by the Investigating Officer. Later on, Jhuri Sonkar and Kastoori Sonkar were summoned under Section 319 Cr.P.C.
Learned counsel for the applicant further submitted that the applicant is languishing in jail since 3.5.2019(about one month) having no criminal history. He has been falsely implicated. Co- accused Suraj @ Priyanshu and Manoj @ Rauni have already been granted bail by coordinate Bench of this Court vide order dated 18.5.2017 passed in Criminal Misc. Bail Application No.17060 of 2017 (Bail order produced during argument, is taken on record), applicant is also entitled to bail on the ground of parity. 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.
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 Kastoori Sonkar involved in S.T. No.307 of 2017, Case Crime No.73 of 2017, under Section 323, 504, 506, 324, 452,304 IPC, Police Station Kotwali Hata, District Kushinagar 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 :- 30.5.2019 P.P.