Court allowed bail in a criminal case involving allegations of attempted murder under Sections 307/34 IPC. Applicant granted bail on personal bond and sureties subject to standard conditions.
Applicant Suraj Sonkar released on bail upon furnishing personal bond and two sureties with specified conditions of conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4044 of 2018 Applicant :- Suraj Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Jawahar Lal Maurya Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, F.I.R. was lodged against Lallu Yadav and two unknown persons alleging that they shot fire at the injured namely, Bhalendra Yadav, who has received injury on his back side.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. Applicant has no criminal history. In the confessional statement of co-accused Lallu Yadav before, the name of the applicant was disclosed. He is languishing in jail since 5.12.2017 (more than two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Suraj Sonkar involved in Case Crime No. 1928 of 2017, under Section 307/34, 120-B IPC, Police Station Line Bazar, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 5.2.2018
A. Singh
2 issues framed by the court
Whether the applicant is entitled to release on bail pending trial under Sections 307/34, 120-B IPC.
Whether the facts and period of custody justify granting bail despite the nature of offence.
Suraj Sonkar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
