Allowed

Sonu Kumar Gond v. State of U.P.

Allahabad HC2 Dec 2021BAIL/40757/2021

Case brief

AI extract

What is this about?

In criminal bail application u/s 409, 120-B, 411 IPC, Court allowed bail after Note considering false implication allegations, criminal history, and jail overcrowding during pandemic, while imposing standard surety and conduct conditions.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to conditions against tampering with evidence and influencing witnesses.

Sonu Kumar Gond Vs State of U.P. — Cheating and Forgery | Allahabad HC (2021)

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Court No. - 66

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40757 of 2021

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Applicant :- Sonu Kumar Gond Opposite Party :- State of U.P. Counsel for Applicant :- Raj Kumar Singh,Sunil Kumar Singh Counsel for Opposite Party :- G.A.,Kumar Dhananjay

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Hon'ble Ajay Bhanot,J.

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Heard Shri Sunil Kumar Singh, learned counsel for the applicant, Sri Nafees Ahmad, learned A.G.A. for the State and Sri Kumar Dhananjay, learned counsel for the informant.

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A first information report was lodged as Case Crime No.207 of 2021 at Police Station-Banshdeeh, DistrictBallia under Sections 409, 120-B and 411 IPC.

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The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.1, Ballia on 01.09.2021.

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The applicant is in jail since 30.07.2021, pursuant to the said F.I.R.

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Shri Sunil Kumar Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The brother of the applicant was the Manager of the petrol pump and had misappropriated the sale proceeds. The money has since been recovered. The applicant has no concern with the affairs of the petrol pump where his brother is employed. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant

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case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.

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Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant-Sonu Kumar Gond involved in Case Crime No.207 of 2021 at Police Station-Banshdeeh, District-Ballia under Sections 409, 120-B and 411 IPC, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will not tamper with the evidence during the trial.

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The applicant will not influence any witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. 4. 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 to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 2.12.2021 Ashish Tripathi

Sonu Kumar Gond v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu Kumar Gond v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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