Allowed

Kishori Lal Sonkar v. State of U.P.

Allahabad HC16 Sept 2022BAIL/35554/2022

Case brief

AI extract

What is this about?

This bail application was allowed for the applicant accused of culpable homicide causing death to his wife. The court held a prima facie case for bail, emphasizing lack of motive and first-time offender status, subject to standard bond and surety conditions.

What did the court decide?

The applicant is released on bail by furnishing a personal bond and two sureties in the like amount to the satisfaction of the court.

Kishori Lal Sonkar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2022)

¶1

Court No. - 75

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35554 of 2022

¶3

Applicant :- Kishori Lal Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.,Dhirendra Kumar Verma

¶4

Hon'ble Subhash Chandra Sharma,J.

¶5

List revised. Non present on behalf of informant.

¶6

Heard counsel for the applicant, learned A.G.A for the State and perused the record.

¶7

It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for causing injury to his second wife as a result during treatment she died on account of cardiac arrest. It is further submitted that as per the post mortem report, all the injuries are simple in nature and non vital part of the body of the deceased. As per X ray report no fracture was found. The incident of mar-peet between husband and wife took place regarding which an FIR was lodged by the injured herself under Sections 323, 506, 504 IPC and, thereafter, she died and the case was converted under Section 304 IPC. From the material on record it appears that there is no motive or intention to the applicant to cause death. He is languishing in jail since 23.06.2022 having no any criminal antecedent and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶8

Learned AGA as well as learned counsel for the complainant have opposed the prayer for bail.

¶9

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties 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.

¶10

Let the applicant Kishori Lal Sonkar involved in Case Crime No. 168 of 2022, under Sections 304, 323, 504, 506 I.P.C., P.S. Mugal Sarai, District Chandauli, 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.

¶11

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

¶12

The applicant will not pressurize/ intimidate the prosecution witness.

¶13

The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

¶14

The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which she is suspected.

¶15

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 or to any police officer or tamper with the evidence.

¶16

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

¶17

Order Date :- 16.9.2022 v.k.updh.

¶18

Digitally signed by VINOD KUMAR UPADHYAY Date: 2022.09.23 09:59:01 IST Reason: Location: High Court of Judicature at Allahabad

Kishori Lal Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kishori Lal Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dinesh Bind Vs State of U.P.

Vikash Vs State of U.P. and 3 Others

Ujjwal @ Ishan Vs State of U.P.

Rohit @ Rauki Vs State of U.P. and 3 Others

Sanjay Yadav Vs State of U.P. and Another

Rikhai Vs State of U.P.