Allowed

Birju Sonkar v. State of U.P.

Allahabad HC15 Feb 2022BAIL/49026/2021

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Birju Sonkar charged under Sections 147, 323, 504, 307 IPC. Considering no specific role assigned, parity with a co-accused on bail, and pandemic circumstances restricting jail overcrowding, the court released the applicant on personal bond and sureties. Trial has not been concluded due to Covid-19.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each, subject to following conditions: not tampering with evidence, abiding court orders, attending court, and not ind

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

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49026 of 2021

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Applicant :- Birju Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ashwani Kumar Mishra,J.

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

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The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 251 of 2021, under Sections 147, 323, 504, 307 IPC P.S., Phoolpur District Varanasi.

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It is stated by learned counsel for the applicant that the applicant has no previous criminal history and although certain persons have sustained injuries but no specific role has been assigned to the applicant in the FIR. Learned counsel for the applicant further states that a cross FIR has been lodged by the applicant also and from his side also injuries have been sustained by these persons. Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case and that trial is not likely to be concluded shortly on account of Covid-19 pandemic and that the applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. The applicant is in jail since 17.8.2021. It is also argued that the applicant is entitled to be enlarged on bail on the ground of parity with the co-accused Shiva @ Munge, who has already been enlarged on bail by this Court in Crl. Misc. Bail Application No.52018 of 2021 vide order dated 08.02.2022.

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Learned A.G.A. opposes the bail application.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (C) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail application on behalf of accused person.

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Upon hearing learned counsel for the parties, perusal of record,

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severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.

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Let the applicant Birju Sonkar be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(i) The applicant will not tamper with prosecution evidence.

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(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

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(iii) The applicant will not indulge in any unlawful activities.

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(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

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The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

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Accordingly, the instant bail application is allowed.

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Order Date :- 15.2.2022 Ashok Kr.

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Digitally signed by ASHOK KUMAR Date: 2022.02.16 10:53:54 IST Reason: Location: High Court of Judicature at Allahabad

Birju Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Birju 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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