Allahabad High Court
Upendra Singh Alias Sonu Thakur vs State Of U.P. on 19 August, 2019
Author: Ajit Singh
Bench: Ajit Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32963 of 2019 Applicant :- Upendra Singh Alias Sonu Thakur Opposite Party :- State Of U.P. Counsel for Applicant :- Ali Hasan,Hari Om Tiwari Counsel for Opposite Party :- G.A. Hon'ble Ajit Singh,J.
Sri Vijay Singh Rathore, Advocate who has put in appearance on behalf of informant by filing his vakalatnama, which is taken on record.
Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 172 of 2019, under Section 386 I.P.C., P.S. Ait, district-Jalaun, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that it has been alleged in the first information report that the applicant has demanded Rs. 10,000/- from the informant as ransom. He next submitted that neither the applicant has made any demand of ransom nor he has received any single penny. He has not committed any offence. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. He lastly submitted that the applicant has no criminal history and he is languishing in jail since 17.7.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The prayer for bail has been vehemently opposed by learned A.G.A. as well as learned counsel for the informant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Upendra Singh alias Sonu Thakur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 172 of 2019, under Section 386 I.P.C., P.S. Ait, district-Jalaun subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 19.8.2019 Faridul