Allowed

Kallu Sonkar v. State of U.P.

Allahabad HC26 Jul 2018BAIL/19012/2018

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 19012 of 2018, the Court granted bail to the applicant Kallu Sonkar involved in a criminal case under Sections 386, 504, 506 IPC, pending trial in Varanasi. The relief was granted on reference to apex court authority without adjudging merits.

What did the court decide?

Release of applicant on bail on personal bond and two sureties on standard conditions including no tampering with witnesses and no new criminal activities.

Kallu Sonkar Vs State of U.P. — Cheque Dishonour | Allahabad HC (2018)

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Court No. - 45

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19012 of 2018

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Applicant :- Kallu Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Prabha Upadhyay,R P Rajan Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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In pursuance of order dated 3.7.2018 passed by this Court, learned counsel for the applicant has filed supplementary affidavit, which is taken on record.

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Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Kallu Sonkar with a prayer to release him on bail in Case Crime No. 321 of 2013, under Sections 386, 504, 506 IPC, Police Station Cantt, District- Varanasi, during pendency of trial.

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It is argued by the learned counsel for the applicant that the applicant is in jail since 23.4.2013 and has passed more than five years in jail and maximum punishment under Section 386 IPC is ten years and is entitled to benefit of Section 436-A Cr.P.C. The order-sheet of the trial court has also been brought on record alongwith supplementary affidavit, which shows that only one witness, Dr. Rama Shankar, has been examined in the trial and he has also appeared after 32 dates in the trial. His trial is not likely to conclude earlier. The applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the

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applicant Kallu Sonkar involved in the aforesaid crime 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 with the following conditions that :-

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 26.7.2018 Ruchi Agrahari

Kallu Sonkar v. State of U.P.

Case brief

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Kallu Sonkar v. State of U.P.

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