Allowed

Raj Kumar Sonkar v. State of U.P.

Allahabad HC30 May 2022BAIL/21063/2022

Case brief

AI extract

What is this about?

Single judge allowed bail application filed by Raj Kumar Sonkar charged under the Excise Act and IPC 272. Court found merit in submissions regarding false implication, lack of incriminating articles against the applicant, and non-contestation by the State regarding criminal history.

What did the court decide?

Applicant released on bail in Case Crime No. 124 of 2022 on furnishing personal bond and two sureties.

Raj Kumar Sonkar Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21063 of 2022

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

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 124 of 2022 at Police Station- Parasrampur, District-Basti under Sections 60, 60(2), 63 of Excise Act and Section 272 I.P.C. The applicant is in jail since 01.04.2022.

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The bail application of the applicant was rejected by learned Sessions Judge, Basti, on 19.04.2022.

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Shri Faizan Siddiqui, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was nominated in a statement made by the principal offender before the police authorities. The said statement insofar as it implicates the applicant is unreliable. No incriminating article which can be linked with the crime has been recovered from the applicant. The illicit liquor was recovered from the aforesaid principal offender and not the applicant. Prosecution evidence does not connect the applicant with the offence.

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Explaining the criminal history of the applicant, learned counsel for the applicant contends that being from

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economically weaker section of the society the applicant has become a convenient scapegoat for the police authorities who have repeatedly implicated the applicant in false cases in quick succession to burnish their professional credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The criminal cases do not depict commission of any heinous crime by the applicant and have no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

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Shri Anupam Anand, learned brief holder for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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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- Raj Kumar Sonkar be released on bail in the aforesaid case crime number, 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.

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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 :- 30.5.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.06.01 10:11:10 IST Reason: Location: High Court of Judicature at Allahabad

Raj Kumar Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Raj Kumar Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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