Sonu vs State Of Uttar Pradesh

Heard learned counsel for the applicant, Sri Om Prakash Mishra, learned A.G.A. for the State and perused the material on record.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 209 of 2020, under Sections 147, 148, 307, 308, 323, 504, 506 IPC, Police Station Sikandra Rao, District Hathras.

The counsel for the applicant argues that two of the co-accused, namely, Indrajeet and Udaiveer, who were assigned similar role, have been enlarged on bail by this Court passed in Criminal Misc. Bail Application No. 34159 of 2020 and Criminal Misc. Bail Application No. 46173 of 2021. Copy of one of the order has been passed over before this Court, which is kept on record. A perusal of the FIR shows that a general role was assigned to the applicant as well as persons who have been enlarged on bail. The counsel for the applicant argues that in the earlier case against the applicant he has been enlarged on bail. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It was also contended that the applicant is in jail since 16.7.2020.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

Considering the fact that the co-accused have been enlarged on bail and the applicant is in custody since 16.7.2020 and there is nothing on record to demonstrate that if the applicant is enlarged on bail would affect the trial adversely, without expressing any opinion on merit of the case, the applicant is entitled to be enlarged on bail.

Let the applicant, Sonu involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-

The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

He will not tamper with the witnesses.

He will not indulge in any illegal activities during the bail period.

The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.

The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.