Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41883 of 2018 Applicant :- Pradeep Kumar Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. He is the brother of the co-accused Dilip Kumar Sonkar. He has been falsely roped in, in this case. The bail application of the co-accused Dilip Kumar Sonkar has been granted by this Court vide order dated 26.9.2018. A copy of the bail order is annexure-7 to the bail application. The applicant does not bear any criminal history and is languishing in jail since 7.6.2018.
Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicant Pradeep Kumar Sonkar involved in Case Crime No. 169 of 2018, under Sections 419, 420, 467, 468, 471, 120-B I.P.C., Police Station Kotwali , District Hamirpur, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 31.10.2018 N.A.