Allahabad High Court
Munna Soni Alias Dinesh vs State Of U.P. Thru.Prin.Secy. Home on 27 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2693 of 2023 Applicant :- Munna Soni Alias Dinesh Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Counsel for Applicant :- Vivek Kumar Rai,Ajai Kumar,Amandeep Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Vide order dated 22.02.2023 this Court had directed the office to place the record of Criminal Misc. Bail Application No. 1974 of 2023 along with the record of instant bail application in order to assess as to whether the facility of bail to co-accused Saksham Soni has been granted while the bail application was listed in the list of fresh cases. Today the record of Criminal Misc. Bail Application No. 1974 of 2023 has been placed before this Court for the purpose of perusal and this Court after perusing the record of Criminal Misc. Bail Application No. 1974 of 2023 find substance in the submissions of learned counsel for the applicant that the bail to co-accused Saksham Soni was granted while the case was listed in the list of fresh cases without affording any opportunity to the State to file counter affidavit/objections.
Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary and the charge sheet in this case has also been filed. Thus, there is sufficient material available before this Court for adjudication of the plea of bail of the applicant- Munna Soni Alias Dinesh.
Heard Shri Vivek Kumar Rai, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Munna Soni Alias Dinesh for grant of bail, in Case Crime No. 0537 of 2022, under Sections 147, 148, 149, 302 and 307 I.P.C., Police Station Thakurganj, District Lucknow, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication and in the F.I.R. as well as in the statement of the prosecution witnesses including the injured one the allegation has been levelled to give assault by seven accused persons named in the F.I.R. as well as 03-04 unknown women and other 03-04 persons and general role of assault with 'belcha', sharp edged weapon, wooden 'patra' and cricket bat' has been levelled against all the accused persons and no specific role has been assigned to the instant applicant and, thus, it could not be ascertained at this stage as to who from amongst the accused persons was the author of the fatal injuries.
It is further submitted that no recovery of any weapon, etc. has been effected either from the person or on the pointing of the instant applicant. It is next submitted that identically place co-accused person namely Saksham Soni has been granted bail by a co-ordinate Bench of this Court, vide order dated 08.02.2023 passed in Criminal Misc. Bail Application No. 1974 of 2023.
It is also submitted that applicant is languishing in jail in this case since 18.12.2022 and he is not having any criminal history. Charge sheet in this case has already been filed and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer of bail of the applicant on the ground that the applicant has committed an heinous offence and having regard to the evidence available against him, he is not entitled to be released on bail.
Having heard learned counsel for the parties and having perused the record, it is evident that in the first information report which has been lodged on 25.09.2022 at Police Station Thakurganj, Commissionerate Lucknow West, seven named persons including the instant applicant and other 06-08 unknown persons have been arrayed as accused persons and general role of assault with some sharp edged weapon, wooden 'patra' and cricket bat along with 'belcha' has been assigned. No specific role or overt act has been assigned to the instant applicant. Postmortem report of the deceased would reveal that he has sustained one injury of the nature of lacerated wound on left side of head and a contusion also on the left side of his head and the cause of death of the deceased is 'coma', as a result of 'antemortem head injuries'. It is vehemently submitted by learned counsel for the applicant that since general role of assault has been assigned to all the accused persons and no overt act has been assigned to the instant applicant and no recovery of any kind has been effected either from his possession or on his pointing out, it could not be ascertained at this stage as to who from amongst the accused persons was the author of the two fatal injuries, which has resulted in the death of the deceased. Identically place co-accused person namely Saksham Soni has already been granted bail by a co-ordinate Bench of this Court. Applicant is languishing in jail in this case since 18.12.2022 without any criminal antecedents. Charge sheet in this case has also been filed and the presence of the applicant may be secured before the trial court by placing adequate conditions.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.
Let the accused/applicant- Munna Soni Alias Dinesh involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case.
Order Date :- 27.2.2023 Praveen