Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33052 of 2018 Applicant :- Laxman Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Chaudhary,Javed Khan,Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Rejoinder affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Submission is that the applicant has been falsely implicated. The recovery of the incriminating material has been shown from the open place and not from the house of the applicant. He was not arrested on the spot and subsequently he has been arrested. The applicant is in jail since 23.07.2018 and has no criminal history to his credit.
On the other hand learned AGA has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India 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 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 the applicant Laxman Sonkar involved in Case Crime No.280 of 2018, under Sections 272, 273 IPC and Section 60(1) Excise Act, Police Station Mohammadabad Gohna, District- Mau 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 they are accused, or suspected of the commission of which they are 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 them 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 31.5.2019 SS