Allowed

Sonu @ Shailendra v. State of U.P.

Allahabad HC16 Jul 2021BAIL/8998/2021

Case brief

AI extract

What is this about?

The Single Judge allowed the second bail application by Sonu @ Shailendra, noting he faces severe charges under Section 302 IPC but has no criminal history. The court ruled that reasonable apprehension of tampering and prima facie satisfaction of the court supported granting bail on personal bond with sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties in equal amount to the court concerned.

Sonu @ Shailendra Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2021)

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Court No. - 50

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Case :- CRIMINAL MISC. IInd BAIL APPLICATION No. - 8998 of 2021

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Applicant :- Sonu @ Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Rahul Chaudhary,Shivendra Kumar Gupta Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P and perused the material available on record.

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This is second bail application. The first bail application was rejected by this Court on 08.10.2018.

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As a measure of fresh grounds, it has been urged on behalf of the applicant that the accusations are not specific against the applicant. Previously, point on the statement of the prosecution witness in particular PW-2 was not argued before this Court. According to the statement of PW-2 Neha, the act of setting the deceased on fire has been attributed to the accused Neeraj and Rajjan, on this grounds, one of the co-accused Sarju Neta has already been admitted to bail by coordinate Bench of this Court vide order dated 24.02.2020 in criminal misc. bail application no.1727 of 2020, copy whereof has been annexed as annxure no.14 to the affidavit filed in support of this bail application. The applicant does not bear any criminal history and is languishing in jail since 01.05.2018.

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Learned A.G.A. has opposed prayer for bail.

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Without entering into merit of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is

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entitled to be released on bail. Accordingly, the second bail application is allowed.

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Let the applicant Sonu @ Shailendra involved in Case Crime No. 62 of 2018, under Sections 147, 323, 504, 506, 452, 302 I.P.C., Police Station Rajpur District Kanpur Dehat be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 16.7.2021

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rkg

Sonu @ Shailendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu @ Shailendra v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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