Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32416 of 2018 Applicant :- Ravi Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Sharad Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sharad Kumar, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant was not named in the first information report he has no concern with the alleged incident. It is also submitted that the real facts of the present case is that there was property dispute between the injured Anjani Devi and her son co-accused Sanjay Patel. Anjani Devi was executed a Power of Attorney a peace of land (four vishwa) in favour of her son Sanjay Patel and on behalf of the aforesaid Power of Attorney, Sanjay Patel executed an agreement to sell the property with one Rajendra Gupta, so there was a money dispute created between injured Anjani Devi and her son accused Sanjay Patel and lastly Anjani Devi cancelled the aforesaid Power of Attorney but when Rajendra Gupta came to know about the cancellation of Power of Attorney he pressurized to Sanjay Patel to either sale the land in favour of him or refund his agreement money and advance money, when there was no option left before Sanjay Patel to safe himself, he planned to kill his mother Anjani Patel with collusion of his real Mausa Yogendra Patel and with other accused who were also relatives to them and at last on the date of incident which is 09.04.2018 as planned they opened fire upon Anjani Devi on account of which she received injuries on her person. The said fact has ben mentioned in para 12 to the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 13.04.2018. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Ravi Sonkar involved in Case Crime No. 128 of 2018, under Sections 147/34/307/326 I.P.C., Police Station Sarnath, District Varanasi be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.8.2018 Arti