Court allowed bail application filed by Bhallar @ Rajendra Sonkar under Sections 452, 354, 305, 504 IPC. Applicant granted bail on parity with co-accused, relying on constitutional mandate and Apex Court precedents, subject to standard conditions.
Release on bail with personal bond and two sureties each, verified before issuing release order.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19292 of 2022
Applicant :- Bhallar @ Rajendra Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Arvind Kumar,Ashok Gupta,Shyam Sunder Mishra Counsel for Opposite Party :- G.A.,Saksham Srivastava,Sheeladitya Harshvardhan
Hon'ble Siddharth,J.
Heard learned counsel for the applicant;Sri Saurabh Pandey, holding brief of Sri Saksham Srivastava, learned counsel for the informant and learned A.G.A for the State.
The submission is that co-accused Vada Sonkar @ Nanbabu, has already been enlarged on bail vide Criminal Misc. Bail Application No. 19299 of 2022 on 22.7.2022 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 18.1.2022.
On the other hand learned A.G.A has opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, 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 recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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.
Let the applicant, Bhallar @ Rajendra Sonkar, involved in Case Crime No. 12 of 2022, under Sections 452,354,305,504 IPC, Police StationManikpur District- Chitrakoot, 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.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 17.8.2022
Atul kr. sri.
Digitally signed by ATUL KUMAR SRIVASTAVA Date: 2022.08.17 18:14:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail on grounds of parity with a co-accused and under the larger mandate of Article 21.
Whether the applicant has made out a case for bail without expressing an opinion on the merits.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P.Referred¶8
Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 · Who else cites this
Satendra Kumar Antil Vs. C.B.I.Referred¶8
Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021
Bhallar @ Rajendra Sonkar
State of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
