Allowed

Deepak Sonkar v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC21 Mar 2023/2257/2023

Case brief

AI extract

What is this about?

Bail applicant Deepak Sonkar, not named in FIR but implicated in an IPC 302 case based on informal statements, was granted bail as he was not recorded as accused in trial court statements.

What did the court decide?

Release on bail with personal bond and two sureties subject to conditions of not tampering with evidence, not pressurizing witnesses, and appearing in court.

Deepak Sonkar Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2023)

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2257 of 2023

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Applicant :- Deepak Sonkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Amod Kumar Singh,Arun Kumar Singh Parihar

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Arun Kumar Singh Parihar, the learned counsel for the applicant and the learned A.G.A for the State and perused the record.

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The instant application has been filed seeking bail for the applicant in Case Crime no. 02 of 2022, under Sections 302, 323, 34 I.P.C., registered at Police Station G.R.P. Raebareli, District Raebareli.

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The aforesaid case has been registered on the basis of F.I.R. lodged on 11.02.2023 by the informant Surendra Kumar Pasi against his brother Jitendra Kumar Pasi and one A.J. alias Ajay Sonkar alleging that there was a dispute regarding the house between the informant and his brother and they had gathered for entering into a settlement. As there was a dispute, police was called by making a phone call on No. 112 but the accused Jitendra Kumar Pasi ran away. Thereafter, the informant and his wife were going towards their rented house, the accused persons started beating the informant and the informant’s brother Jitendra fired a shot which hit the informant’s wife. The informant’s wife was taken to a hospital where she was declared dead.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent person, he has been

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falsely implicated in the present case and he has no criminal history.

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Although, the applicant was not named in the F.I.R., he was implicated on the basis of statements of the informant recorded under Section 161 Cr.P.C. wherein he stated that the applicant was also involved with the named accused persons Jitendra Kumar Pasi and A.J. alias Ajay Sonkar in beating him.

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The Trial Court has already recorded statements of the informant Jitendra Kumar Pasi as P.W. 1 and that of another witness Bittu Singh as P.W. 2. The informant has stated that some unknown persons had beaten him and he did not name the applicant. P.W. 2 Bittu Singh has stated that he had called the ambulance which had taken the informants’ wife to the hospital but he did not say anything adverse to the applicant.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has not been named either in the F.I.R. or in the statement of the injured informant recorded by the Trial Court, I am of the view that the applicant is entitled to be enlarged on bail in the aforesaid case. Accordingly, this bail application stands allowed.

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Let the applicant Deepak Sonkar be released on bail in Case Crime no. 02 of 2022, under Sections 302, 323, 34 I.P.C., registered at Police Station G.R.P. Raebareli, District Raebareli 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 shall not tamper with the prosecution evidence;

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(ii) the applicant shall not pressurize the prosecution witnesses;

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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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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(Subhash Vidyarthi,J.)

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Order Date :- 21.3.2023 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Deepak Sonkar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Deepak Sonkar v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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