Allahabad High Court
Sonu @ Nand Lal Bharti vs State Of U.P. on 26 June, 2020
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17686 of 2020 Applicant :- Sonu @ Nand Lal Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Bindu Kumari Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed on behalf of the applicant Sonu @ Nand Lal Bharti with a prayer to release him on bail in Case Crime No. 166 of 2019, Under Sections 363, 366 I.P.C., Police Station Obra, District Sonbhadra, during pendency of trial.
The submission advanced by learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He has further submitted that the statement of victim under section 164 Cr.P.C. has been recorded in which she has categorically stated that she has gone with the applicant with her own sweet will. It appears that she is consenting party. It is further contended by learned counsel for the applicant that the applicant is languishing in jail since 10.02.2020 having no criminal history.
On the other hand learned AGA vehemently opposed the prayer for bail of the applicant, but unable to controvert the facts mentioned above.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant Sonu @ Nand Lal Bharti involved in the 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his/her bail shall be effective after the period of short-term bail comes to an end.
5. 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.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 26.6.2020 v.k.updh.