Allowed

Vada Sonkar @ Nanbabu v. State of U.P.

Allahabad HC22 Jul 2022BAIL/19299/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Vada Sonkar under multiple IPC sections. Relying on Article 21 and Satendra Kumar Antil, the court released the applicant on personal bond and sureties, subject to strict conditions regarding witness tampering, adjournments, and court appearances.

What did the court decide?

Release on bail by furnishing a personal bond and two sureties, each in like amount.

Vada Sonkar @ Nanbabu Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 76

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19299 of 2022

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Applicant :- Vada Sonkar @ Nanbabu 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

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Hon'ble Siddharth,J.

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Heard learned counsel for the applicant; Sri Saurabh Pandey, Advocate, holding brief of Sri Saksham Srivastava, learned counsel for the informant; learned AGA for the State and perused the material placed on record.

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The instant bail application has been filed on behalf of the applicant, Vada Sonkar @ Nanbabu, with a prayer to release him on bail in Case Crime No. 12 of 2022, under Sections 452, 354, 305, 504 IPC, Police Station Manikpur, District- Chitrakoot, during pendency of trial.

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There is allegation against the applicant in the FIR that his son tried to outrage the modesty of the daughter of the informant after entering into the house and thereafter the applicant is stated to have made allegations regarding character against daughter of the informant, hence she committed suicide. Initially the FIR was lodged under Sections 452, 354, 504, 306 IPC. Subsequently, it has been converted into Sections 452, 354, 305, 504 IPC.

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Learned counsel for the applicant has submitted that applicant is the father of the boy who was involved with the deceased. He has been falsely implicated in this case alongwith his son due to enmity and village party bandi. The ingredients for constituting offence under Section 305 IPC are not made out against the applicant. The role of the applicant is different from his son. The applicant has no criminal history to his credit and he is languishing in jail since 18.01.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.

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Having considered the submissions of the parties noted above, larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P. (Crl.) No. 5191 of 2021 , and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime 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 with the following conditions that :-

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(i) The applicant shall not tamper with the evidence or threaten the witnesses.

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(ii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iii) The applicant shall remain present before the Trial Court on each date fixed, either personally or as directed by the Court. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A of the Indian Penal Code.

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(iv) In case the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the Court on the date fixed in such proclamation then the Trial Court shall initiate proceedings against him in accordance with law under Section 174-A of the Indian Penal Code.

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(v) The applicant shall remain present in person before the Trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date :- 22.7.2022 Ruchi Agrahari

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Digitally signed by RUCHI AGRAHARI Date: 2022.07.22 16:54:29 IST Reason: Location: High Court of Judicature at Allahabad

Vada Sonkar @ Nanbabu v. State of U.P.

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Vada Sonkar @ Nanbabu v. State of U.P.

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