Single judge court granted bail to Santosh Soni in a criminal case involving theft and forgery, accepting the petitioner's claim of false implication and lack of public witnesses, subject to standard bail conditions.
Applicant released on bail on personal bond and two sureties to furnish personal undertaking to the court.
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Court No. - 80
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47052 of 2019
Applicant :- Santosh Soni Opposite Party :- State of U.P. Counsel for Applicant :- Sunita Chauhan,Dev Raj Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 344 of 2018, under Sections 392, 411, 413 and 414 IPC, Police Station Shivkuti, District Prayagraj (Allahabad), applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case; applicant is not named in the FIR; his name came into light during investigation on the statement of co-accused; nothing has been recovered from the possession of the applicant; recovery shown by Police is false and concocted; alleged recovered items was not identified by Informant; there is no public witness. Applicant is in Jail since 16.09.2019 having no criminal history. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, evidence collected by I.O. during investigation and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let, applicant-Santosh Soni be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 13.11.2019 Akram
2 issues framed by the court
Whether the applicant, falsely implicated after investigation into a charge of theft and forgery, deserves bail.
Whether the applicant's release on bail would amount to tampering with witnesses or causing injury to any person.
Santosh Soni
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
