The High Court granted bail to the applicant in a theft case involving possession of a pistol, requiring a personal bond and two local sureties subject to specific conditions regarding court attendance and conduct during trial.
The applicant was released on bail by furnishing a personal bond and two local sureties each of the like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51364 of 2022
Applicant :- Shubham Sonkar @ Chotu Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Ram Pratap Yadav,Devbratt Yadav Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard Mr. Ram Pratap Yadav and Mr. Devbratt Yadavthe learned counsel for the applicant and the learned counsel for the State as well as perused the material on record.
The present bail application has been filed by the applicant- Shubham Sonkar @ Chotu Sonkar with a prayer to enlarge him on bail in Case Crime No. 0338 of 2022, under Sections 411 and 401 I.P.C., Police Station-Gambhirpur, District-Azamgarh, during the pendency of the trial.
The first information report has been lodged by the Police on 24th September, 2022 against three named accused persons including the applicant with the allegation that applicant along with other accused persons were planning for committing a theft near Rohua Essar Petrol Pump and all three were nabbed on an information given by a Police informer and one country made pistol of 315 bore and one live cartridge was also recovered from the applicant.
The learned counsel for the applicant submits that the present first information report lodged by the Police is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. It is apparent from the first information report, only on the suspicion the applicant along with co-accused have been arrested by the Police. There is no direct or indirect evidence on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. The recovery of one country-made pistol and one live cartridge alleged to have been recovered from the applicant are planted one by the Police only in order to roped him in the present case. There is no independent or public witness of the alleged recovery. The applicant has no prior criminal history. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 24th September, 2022.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but he could not dispute the factual submissions as urged
by the learned counsel for the applicant.
Considering the the nature of the offence, material/evidence brought on record, complicity of the accused, severity of punishment, the submissions made by the learned counsel for the parties as well as the dictum of Apex Court in the case of Dataram Singh Versus State of U.P. and another, reported in (2018) 3 SCC 22 , let the applicant involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) 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.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.
(iv) 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.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
(Shiv Shanker Prasad, J.)
Order Date :- 21.11.2022 Sushil/-
Digitally signed by SUSHIL KUMAR SINGH Date: 2022.11.22 10:22:22 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant be released on bail in the prosecution case regarding theft and possession of a firearm.
Colour shows how this judgement treated each authority
Dataram Singh Versus State of U.P. and anotherReferred¶11
(2018) 3 SCC 22 · Who else cites this
3 provisions across 2 enactments
Shubham Sonkar @ Chotu Sonkar
Shiv Shanker Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
