Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26003 of 2021 Applicant :- Sonu Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 62 of 2021, under Section 147, 148, 332, 353, 342, 504, 506, 307, 34 IPC and Section 7 Criminal Law Amendment Act, registered at Police Station Kalpi, District Jalaun.
Learned counsel for the applicants have submitted that the applicant has been falsely implicated in the present case. It is further submitted that the applicant was not present in his village at the time of occurrence. The name of the applicant surfaced in the statement of co-accused Ajai @ Kallu and Sumit @ Munnakey recorded before the I.O. It is also submitted that the during investigation I.O. has recorded the statements of C.P. Mahaveer Singh (complainant) and C.P. Rajkamal (injured) under Section 161 Cr.P.C., in which they have not named the applicant and other injured have also not stated about the involvement of the applicant and the injuries of the injured are simple in nature. The criminal history of the applicant has been explained in para-20 of the affidavit filed in support of the bail application. The applicant is in jail since 08.04.2021, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Sonu Pal involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless their personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.8.2021 SK Srivastava