Allowed

Sonu @ Devesh v. State of U.P.

Allahabad HC8 Oct 2018BAIL/38186/2018

Case brief

AI extract

What is this about?

Hon'ble Arvind Kumar Mishra allowed the bail application of Sonu @ Devesh arrested under IPC 302, directing release on a personal bond with sureties, noting prima facie satisfaction of charges but no opinion on merits due to fear of tampering with witnesses.

What did the court decide?

Applicant to be released on bail by executing a personal bond and furnishing two sureties to the satisfaction of the court.

Sonu @ Devesh Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2018)

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Court No. - 42

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38186 of 2018

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Applicant :- Sonu @ Devesh Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Tripathi,Rajeev Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

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While claiming bail, urge is that the applicant has been deliberately rope in, in this case and it is handiwork of the police and on the basis of this case, the applicant has been roped in under the U.P. Gangsters and Anti Social Activities (Prevention) Act as well.

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Irony is that the informant happens to be eyewitness of the incident, though he has nominated four persons in the first information report but the applicant has not been named in the first information report and no role has been assigned to him. The police recorded statement of the co-accused Muesh who was named in the first information report, on the basis of the confessional statement of the co-accused, the applicant has been falsely implicated in this case. The confessional statement of the co-accused is not admissible under relevant provisions of the Evidence Act. The applicant does not bear any criminal history and is languishing in jail since 23.07.2018.

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Learned AGA has opposed prayer for bail. However, he has not disputed that name of the applicant has surfaced in the statement of coaccused Munesh.

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Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity

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of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed.

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Let the applicant Sonu @ Devesh involved in Case Crime No.123 of 2018, under Section 302 I.P.C., Police Station Nasirpur, District Firozabad 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.

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Order Date :- 8.10.2018

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rkg

Sonu @ Devesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu @ Devesh v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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