Allahabad High Court
Ravindra Sonkar @ Pallar Sonkar vs State Of U.P. on 16 July, 2024
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:113398 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6056 of 2024 Applicant :- Ravindra Sonkar @ Pallar Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- Arvind Kumar Yadav,G.A. Hon'ble Ajay Bhanot,J.
Matter is taken up in the revised call.
By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.371 of 2023 at Police Station-Saraikhwaja, District-Jaunpur under Sections 147, 323, 308, 354, 380, 436, 427, 120B, 304/34 IPC. The applicant is in jail since 19.01.2024.
The interim bail of the applicant was granted by this Court on 22.03.2024.
The following arguments made by Shri Anil Srivastava, learned Senior Counsel assisted by Shri Vivek Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Arvind Kumar Yadav, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:
1. 23 persons have been nominated as accused in the F.I.R.
2. The applicant was falsely nominated on account of village rivalry and at the instigation of inimical parties of the village.
3. Vague and general role has been assigned to the applicant in the assault.
4. The applicant has not been identified as the principal offender who inflicted the sole fatal injury to the deceased.
5. No incriminating article has been recovered from the applicant.
6. The applicant does not have any criminal history apart from this case.
7. The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
For the reasons stated in the order granting interim bail, the applicant is entitled to be enlarged on regular bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Ravindra Sonkar @ Pallar Sonkar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
The learned trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by this Court in Arvind Singh v. State of U.P. Thru. Prin. Secy. Home Deptt. (Application U/S 482 No.2613 of 2023).
The learned trial court shall ensure that the right of bail of the applicant granted by this Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.
Order Date :- 16.7.2024 Ashish Tripathi