Court allowed bail application for Santosh Soni under Section 306 IPC, noting that co-accused were already released and applicant had no prior criminal history, granting bail with personal bond and sureties.
Released on bail with personal bond and two sureties subject to standard conditions.
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Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31612 of 2019 Applicant :- Santosh Soni Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Vaish,Indra Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record. It is submitted by learned counsel for the applicant that identically placed co-accused Rajendra Soni and Yadunath Soni have been granted bail by another Bench of this Court vide order dated 13.03.2015 passed in Criminal Misc. Bail Application No. 8187 of 2015. He further submits that since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail on the ground of parity. It is next submitted that the applicant is innocent and has been falsely implicated in the present case. He has no previous criminal history. He is languishing in jail since 10.07.2019.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court and 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 the applicant Santosh Soni involved in Case Crime No. 955 of 2014, under Sections 306 IPC, P.S. Harraiya, District Basti 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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.
(v) 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 temper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 7.11.2019
Sanjeet
1 issue framed by the court
Whether the applicant is entitled to bail on grounds of parity with co-accused already released and lack of prior criminal history.
Santosh Soni
State of U.P.
Om Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
