Court No. - 55
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13305 of 2018 Applicant :- Sonu Somvanshi @ Sudhir Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Prakash Pandey Counsel for Opposite Party :- G.A.,N.K. Singh
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record. Vakalatnama filed today by Sri N.K. Singh, Advocate on behalf of the complainant is also taken on record.
Learned counsel for the applicant is permitted to make necessary corrections in the present bail application.
Heard Sri Chandra Prakash Pandey, learned counsel for the applicant, learned counsel for the complainant and learned learned State Law Officer and perused the record.
According to prosecution case, the first information report was lodged on 27th November, 2017 at 15.30 hours by the complainant Kirti Singh wife of the deceased Saurabh Singh against three accused persons, namely, Maan Singh, Archana and Sonu Somvanshi @ Sudhir Singh; alleging that on 27th November, 2017 at about 9:00 p.m. Maan Singh in connivance with Archana and Sonu entered into their house and after giving threatening in filthy language, he assaulted my husband Saurabh Singh by gun shot fire, he received one gun shot injury resultantly died. Specific role has been assigned to co-accused Maan Singh.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. No specific role is assigned against the applicant. No specific role has assigned against the applicant except conspiracy with the co-accused. There is general allegation against the applicant. Main role is assigned to co-accused Maan Singh. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. The criminal history against the applicant has been properly explained by means of the supplementary affidavit. He is languishing in jail since 18th February, 2018 (more than two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned counsel for the complainant as well as learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 the applicant Sonu Somvanshi @ Sudhir Singh involved in Case Crime No. 182 of 2017, under Sections 452, 302, 504, 120B and 201 of the Indian Penal Code, Police Station Amritpur, District Farrukhabad, 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.
(Aniruddha Singh, J.) Order Date :- 24.4.2018 Sushil/-