Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8240 of 2019 Applicant :- Rakesh Kumar Sonkar @ Chhotey Opposite Party :- State Of U.P. Counsel for Applicant :- P.K. Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
According to prosecution case, F.I.R. was lodged against four accused persons, namely Rakesh Kumar Sonkar, Gulab, Dulle and Indrajeet alleging that on 9.2.2018, they killed Rajkumar Sonkar. Dead body of deceased was found in field of Shivshankar. According to postmortem report, four injuries was found on the head of deceased. During investigation, the name of Gagan was surfaced; he killed the deceased and one stick was recovered from the possession of Gagan.
It is submitted by learned counsel for the applicant that co- accused namely Gulab has already been granted bail by co-ordinate Bench of this Court vide order dated 17.11.2018 in Criminal Misc. Bail Application No. 41852 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. The applicant is innocent and has been falsely implicated in the present case. Main role of assault was assigned to co-accused Gagan. Nothing was recovered from the possession of applicant. There are general allegations against all accused persons except co-accused Gagan. There is no independent witness and no legal evidence against the applicant. Offences levelled against the applicant are not attracted in the present case. He is languishing in jail since 4.4.2018 (more than ten and half months) having no criminal history 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 and the case of present applicant is identical to co- accused Gulab who has been enlarged on bail.
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 applicant Rakesh Kumar Sonkar @ Chhotey involved in Case Crime No. 105 of 2018, under Sections 302/34 IPC, Police Station Akabarpur, District Kanpur Dehat 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 :- 26.2.2019 A. Singh