Allahabad High Court
Sonu @ Surendra vs State Of U.P. on 23 January, 2023
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44624 of 2022 Applicant :- Sonu @ Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Ram Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 69 of 2022, under Sections 489B, 489C & 489D I.P.C. and Section 207 of M. V. Act, Police Station- Pathra Bazar, District- Siddharth Nagar, during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. No recovery as alleged in the first information report was made from the applicant. There is no independent witness to the recovery. It is next contended that the co-accused, Bhalchandra Pandey and Vikas Pandey who were arrested along with the applicant, have been granted bail by this Court in Criminal Misc. Bail Application Nos. 45700 of 2022 and 45331 of 2022 vide orders dated 03.01.2023 and 08.12.2022. The applicant claims parity. The applicant is in jail since 26.08.2022, having no criminal history. In case, he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant- Sonu @ Surendra, involved in the aforesaid case 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 subject to the conditions that he:
(i) shall appear on the date fixed by the trial court;
(ii) shall not tamper with the prosecution evidence;
(iii) shall not pressurize the prosecution witnesses.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.1.2023 Sachin Mishra