This criminal miscellaneous bail application allowed release on bail for the applicant accused under the Excise Act and IPC, granting relief on grounds of parity with co-accused and lack of flight risk.
The applicant Navmi Sonkar shall be released on bail on furnishing a personal bond and two sureties to the satisfaction of the court concerned.
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Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45309 of 2022
Applicant :- Navmi Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Faizan Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Mayank Kumar Jain,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed on behalf of applicant, who is involved in Case Crime No. 124 of 2022, under Sections 60, 60(2), 63 of Excise Act, and section 272 IPC, Police Station Parasrampur, District Basti, with the prayer to enlarge the applicant on bail.
It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is further submitted that neither the applicant was named in the first information report nor he was apprehended on the spot. The name of the applicant came into light in the statement of other co-accused persons. It is next submitted that co-accused persons, namely, Jagdev Sonkar, Raj Kumar Sonkar, Pardeshi Sonkar, Setu, Moti, Sanju Sonkar, Jhinku Sonkar, Khedu, Ram Jiyawan, Kankiram alias Kanku, Madan Sonkar, Harischandra Verma and Bagedu have been granted bail by coordinate Bench of this Court vide orders dated 26.05.2022, 30.05.2022, 10.06.2022, 12.07.2022, 28.06.2022, 29.08.2022, 22.07.2022, 20.07.2022, 18.07.2022, 27.07.2022, 08.09.2022, 14.09.2022 and 14.09.2022 passed in Criminal Misc. Bail Application Nos. 19099/2022, 21063/2022, 23657/2022, 24436/2022, 25596/2022, 30189/2022, 30154/2022, 29966/2022, 30353/2022, 32005/2022, 38263/2022, 38430/2022, and 38436 of 2022 respectively, therefore the applicant is also entitled to be released on bail on the ground of parity. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 01.04.2022. The applicant does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail,but could not dispute that co-accused have already been granted bail by co-
ordinate Bench of this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence, gravity of offence, without expressing any opinion on 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 Navmi Sonkar, involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:
(1) The applicant will not tamper with the prosecution evidence during the trial.
(2) The applicant will not influence any witness.
(3) The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.
(4) 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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.10.2022 Sazia
Digitally signed by SAZIA AQUIL Date: 2022.10.13 16:14:43 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant Navmi Sonkar is entitled to bail under Section 60, 60(2), 63 of the Excise Act and Section 272 IPC while pending bail for co-accused persons.
Navmi Sonkar
Mayank Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
