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Mahavir Sonkar vs State Of U P

High Court Of Judicature at Allahabad|26 September, 2019
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JUDGMENT / ORDER

Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31401 of 2019 Applicant :- Mahavir Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Learned Standing Counsel was granted three weeks' and no more time to file counter affidavit on 5.9.2019 but no counter affidavit has been filed till date.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Mahavir Sonkar with a prayer to release him on bail in Case Crime No. 1433 of 2018, under Sections 326 and 506 IPC, Police Station Naini, District- Prayagraj, during pendency of trial.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is further submitted that there is allegation against the applicant is of causing injury in the eye of the injured by belt. It is submitted that under section 326 I.P.C. the implication is justified when person voluntarily causes grievous injury by means of any instrument for shooting, stabbing or cutting or any instrument which used as a weapon of offence is likely to cause death or by means of fire or any heated substance or by means of any poison or any corrosive substance or any explosive substance or by means of any substance which it is deleterious to the human body to inhale , to swallow or to receive into the blood or by means of animal. It has been submitted that belt used for causing injury to the injured is not such weapon/instrument which can be said to be covered under section 326 I.P.C.The applicant is languishing in jail since 17.5.2019.Criminal history of the applicant has been explained in paragraph-
10 of the affidavit filed in support of the application. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Having considered the submissions of the parties noted above, 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, let the applicant Mahavir Sonkar 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 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.
Order Date :- 26.9.2019 Atul kr. sri.
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Title

Mahavir Sonkar vs State Of U P

Court

High Court Of Judicature at Allahabad

JudgmentDate
26 September, 2019
Judges
  • Siddharth
Advocates
  • P K Singh