Allowed

Sonu v. State of U.P.

Allahabad HC10 Dec 2020BAIL/19810/2020

Case brief

AI extract

What is this about?

In this bail application, the court examined the grounds of anticipatory fear of absconding and the safety of prosecution witnesses. Considering the spread of COVID-19 and the arguments submitted, the court allowed bail without expressing an opinion on the merits of the underlying case.

What did the court decide?

Applicant released on personal bond and two sureties subject to conditions of not tampering with evidence and cooperating in trial.

Sonu Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19810 of 2020

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Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Singh Parihar Counsel for Opposite Party :- G.A.,M Faizal Khan,Mohammad Faisal Khan

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Hon'ble Rajiv Joshi,J.

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Heard Sri Mukesh Kumar Upadhyay Advocate holding brief of Sri A.K. Mishra, learned counsel for the applicant, learned A.G.A for the State and perused the record.

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The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.449 of 2019, under Sections- 323, 307, 504 and 506 IPC, Police Station- Shahpur, District- Muzaffar Nagar, during pendency of trial.

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It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the case due to ulterior motive. It is further contended that as per the FIR, role of firing has been assigned to the applicant. As per the injury report appended as annexure nos. 2 and 3 of the affidavit filed in support of the bail application shows that there is no firm arm injury received by the injured. Learned counsel submits that nothing incriminating has been recovered from the possession of the applicant. The applicant is in jail since 11.12.2019 having criminal history of 14 cases which has explained in paragraph nos. 3 to 15 to the supplementary affidavit if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.

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Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.

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Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 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

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application is allowed.

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Let the applicant, Sonu who is involved in the aforesaid case crime number 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.

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Order Date :- 10.12.2020 Akbar

Sonu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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