Allowed

Saurabh @ Sonu v. State of U.P.

Allahabad HC1 May 2019BAIL/37520/2018

Case brief

AI extract

What is this about?

This is a bail application filed under Criminal Misc. Bail Application No. 37520 of 2018 seeking release in Case Crime No. 245 of 2018. The court, hearing arguments from the applicant and the State, observed that the applicant has made out a case for bail and granted it on personal bond and sureties.

What did the court decide?

Applicant released on bail furnished by personal bond and two sureties of like amount to the satisfaction of the court.

Saurabh @ Sonu Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37520 of 2018

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Applicant :- Saurabh @ Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Shashi Kumar Mishra,Manoj Kumar Singh,Sushil Dubey Counsel for Opposite Party :- G.A.,Pradyumn Kumar

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Hon'ble Ghandikota Sri Devi,J.

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Heard learned counsel for the applicant, learned AGA for the State and perused the record.

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Applicant-Saurabh @ Sonu seeks bail in Case Crime No. 245 of 2018, under Sections 420, 467, 468, 471, 411 IPC and 3/25 Arms Act, P.S. Bichhwan, District-Mainpuri.

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It has been contended by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case on account of village politics; that the FIR has been lodged by Station Officer of the concerned police station against the applicant with the allegations that applicant was in possession of fire arm illegally, as it is allegedly belongs to other co-accused namely Rahul Kumar, whereas fact of the matter is that applicant has no concerned with Rahul Kuma; that the averments made in the FIR are absolutely false, baseless and highly improbable; lastly, it is submitted that criminal history of four cases has been explained in para 9 and 10 to this affidavit; applicant is in jail since 18.08.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooprate in the trial by all means.

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Per contra, learned AGA has vehementally opposed the prayer for bail.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.

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Let applicant Saurabh @ Sonu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-

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(i) The applicant shall not indulge in any criminal activity. (ii) The applicant shall not tamper with the prosecution evidence.

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(iii) The applicant shall not pressurize the prosecution witnesses. (iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.

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In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.

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Order Date :- 1.5.2019 T.S.

Saurabh @ Sonu v. State of U.P.

Case brief

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Saurabh @ Sonu v. State of U.P.

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