Allowed

Sagar Sonkar v. State of U.P.

Allahabad HC10 Nov 2020BAIL/38192/2020

Case brief

AI extract

What is this about?

This single judge criminal bail application was allowed. The applicant was released on bail subject to conditions including furnishing a personal bond and sureties, non-tampering with evidence, and cooperation in trial, with provisions for short-term bail validity.

What did the court decide?

Bail allowed; applicant to be released on furnishing personal bond and two sureties under specific conditions.

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

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Court No. - 70

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38192 of 2020

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Applicant :- Sagar Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Mishr Counsel for Opposite Party :- G.A.

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Hon'ble Siddharth,J.

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Supplementary affidavit filed is taken on record.

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Heard Sri Raj Kumar Mishr, counsel for the applicant and learned A.G.A for the State.

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There is allegation of recovery of six mobile phones from the applicant. Counsel for the applicant has submitted that the applicant has been falsely implicated in this case on the basis of the information given by the informer. Although recovery has been made but there is no public witness of recovery. The applicant has criminal history of 5 cases explained in supplementary affidavit today which is taken on record. The applicant is in jail since 25.08.2020.

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Learned A.G.A has opposed the bail application of the applicant but could no dispute the above arguments.

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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 application is allowed.

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Let the applicant- Sagar Sonkar , in Case Crime No. 179 of 2020, under Sections- 401, 411, 412, 413 IPC, Police StationAtarsuiya, District- Prayagraj (Allahabad), 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

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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 the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

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The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.

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The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.

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The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.

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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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Order Date :- 10.11.2020 Rohit

Sagar Sonkar v. State of U.P.

Case brief

What is this about?

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Sagar Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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