Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Sonu @ Naini , who is involved in case crime no. 158 of 2020 under Sections 302, 307, 323, 34, 504, 506 I.P.C., Police Station- Kankerkhera, District- Meerut.
Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in the case; that the applicant is uncle of main accused Sonu and Monu both son of Raj Kumar, to whom allegation of firing have been made by the deceased-Prince and his father- Sanjay; that the role of applicant has been assigned by the injured persons only assaulting by lathi-danda. It is further submitted that in the opinion of the doctor cause of death is septicemia as a result of ante mortem infection of multiple wounds in a post operative case of fire arm injury to left thigh; that the case of the applicant is distinguishable from other co-accused to whom allegation of firing has been made; that admittedly the applicant has no active participation in the incident in question, however he was simply present with the co-accused persons and even he was not aware about the plan of co-accused persons for commission of the alleged incident as such after the incident in question the applicant could not escape rather was caught by the mob of several persons and was beaten bitterly consequently he has received as many as 15 injuries; that nothing incriminating article has been recovered from the applicant connecting him with an offence in question. It is lastly contended that the accused applicant is languishing in jail since 12.3.2020 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.
Learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in 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, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
3. However, if due to Covind-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/ mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 7.1.2021 Fhd.