Allowed

Sonu and Another v. State of U.P. and Another

Allahabad HC16 Jul 2018CRLA/2564/2018

Case brief

AI extract

What is this about?

Hon'ble Aniruddha Singh, J., allowed the criminal appeal and set aside the impugned order rejecting bail. The court held that despite the gravity of the allegations under Sections 504, 506 IPC and 3(1)(D) SC/ST Act, the appellants made a sufficient case for bail.

What did the court decide?

Impugned order rejecting bail set aside; appellants released on bail with two sureties each and standard conditions.

Sonu and Another Vs State of U.P. and Another — Bail and Remand | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL APPEAL No. - 2564 of 2018

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Appellant :- Sonu And Another Respondent :- State Of U.P. And Another Counsel for Appellant :- Kamlesh Kumar Singh Counsel for Respondent :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the appellants and learned AGA for the State, and perused the record. Notice upon opposite party no.2 has been served as per report of CJM(Incharge),Chandauli dated 14.6.2018.

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This criminal appeal has been filed against order dated 2.5.2018 passed by Additional Sessions Judge/Special Judge(SC/ST Act),Chandauli in Bail Application No. 45 of 2018 (State vs. Sonu) and 46 of 2018(State vs. Mahavir Yadav) arising out of Case Crime No. 133 of 2018 under Sections 504, 506, 452 IPC and 3(1)(D) SC/ST Act, Police Station Ali Nagar, District Chandauli whereby bail applications of appellants were rejected.

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Brief facts of the case are that FIR was lodged against Sonu and Mahavir Yadav alleging that on 24.4.2018 at 10 A.M. they entered into the house of first informant, abused him and threatened to life if he gives evidence in a case of murder of one Arvind Yadav.

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Learned counsel for the appellant submitted that the appellants have been falsely implicated. There is no independent witness. The appellants are languishing in jail since 26.4.2018(more than two and half months). Criminal history of one case has been explained and if they are enlarged on bail, they will not abscond or tamper with the evidence.

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Learned AGA opposed the prayer for bail but admitted that the criminal history of one case against both appellants have been explained.

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For the foregoing discussions, 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 appellants have made out a case for bail. The appeal is allowed. Impugned order dated 2.5.2018 rejecting bail of appellants is hereby set aside.

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Let appellants Sonu and Mahavir Yadav involved in aforesaid case be released on bail on their furnishing a personal bond and

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two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

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The appellants will not tamper with the evidence during the trial.

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2.The appellants will not pressurize/ intimidate the prosecution witness.

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3.The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.

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4.The appellants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they is suspected.

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5.The appellants 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.

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In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.

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Order Date :- 16.7.2018

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P.P.

Sonu and Another v. State of U.P. and Another

Case brief

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Sonu and Another v. State of U.P. and Another

Case brief

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