Allahabad High Court
Sonu vs State Of U.P. Thru. Prin. Secy. Home Lko. on 19 April, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2031 of 2023 Applicant :- Sonu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Smriti Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Smiriti learned counsel for the applicant, and Sri Manoj Kumar Sahu, learned Addl. Government Advocate, and perused the record.
2. By means of the instant application the applicant Sonu S/o Sajeevan seeks bail in Case Crime No. 396 of 2021, under sections 143, 147, 148, 149, 302, 323, 324, 506, I.P.C., P.S. Aliganj, District Unnao.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.11.2021 against eight named accused persons, including the applicant, stating that at about 1.30 on 05.11.2021 all the accused persons attacked the informant's house and they assaulted the informant's sons Pramod, Ramakant and Hari Lal with sticks and axe. He further stated that co-accused persons Ram Autar and Deshraj had exhorted the other accused persons to kill the informant's sons.
4. In the statement of the informant recorded under section 161, Cr.P.C. also he stated that co-accused Ram Autar and Deshraj had exhorted all the other co-accused persons, who had assaulted the informant's sons Pramod, Ramakant and Hari Lal with sticks and axe. The co-accused persons Deshraj and Ram Autar, against whom allegation of exhortation was leveled, have been granted bail by means of orders dated 08.03.2022 and 13.04.2022 passed by this Court in Criminal Misc. Bail Application Nos. 861 of 2022 and 2335 of 2022 respectively, and the co-accused persons Rohit, Mohit, Monu, Anshu and Sajeevan have also been granted bail and copies of their bail-orders have been annexed as Annexure No. 8 to the affidavit filed in support of the bail-application. It has also been stated in the affidavit filed in support of the bail-application that the applicant is innocent and he has been falsely implicated in the present case and he has no criminal history.
5. Learned A.G.A. opposed the prayer for grant of bail, but he could not dispute the aforesaid facts.
6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. levels similar allegations against the co-accused persons, five of whom have already been granted bail, without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail.
7. Accordingly, this bail application stands allowed.
8. Let the applicant Sonu S/o Sajeevan be released on bail in the aforesaid Case Crime No. 396 of 2021, under sections 143, 147, 148, 149, 302, 323, 324, 506, I.P.C., P.S. Aliganj, District Unnao, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
9. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
(Subhash Vidyarthi, J.) Order Date :- 19.4.2023 A.Nigam