Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2548 of 2019 Applicant :- Neeraj Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Pratap Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
This case has been assigned by The Hon'ble The Chief Justice vide order dated 18.01.2019.
Heard learned counsel for the applicant, Sri Mayank Mishra (B.H.) appearing for the State and perused the record.
According to prosecution case, F.I.R. was lodged against Liyakat alleging that on 26.8.2018 he killed Reyaz due to illicit relation with the wife of Reyaz. During investigation, the name of Pankaj and Neeraj was disclosed in the confessional statement of Paras Sonkar.
Learned counsel for the applicant submitted that applicant is languishing in jail since 28.8.2018 (about seven months) having no criminal history; he is not named in the F.I.R.; motive is also against Liyakat only and applicant has no concern with Liyakat; the applicant is innocent and has been falsely implicated in the present case; there is no eye witness account; there is no independent witness; on identification parade of person and property was conducted and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Neeraj Sonkar involved in Case Crime No. 0263 of 2018, under Section 302/34, IPC, Police Station- Mubarakpur, District-Azamgarh 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 :- 21.1.2019 OP