Allowed

Shiv Ram Sonkar and Another v. State of U.P.

Allahabad HC1 Feb 2023BAIL/1124/2023

Case brief

AI extract

What is this about?

The court allowed bail for the applicants in a criminal case involving affray and attempted murder. The relief was granted based on parity with a co-accused and the lack of prospect of trial conclusion, subject to standard conditions.

What did the court decide?

Applicants released on personal bond and two sureties each subject to conditions regarding witness tampering, cooperation in trial, and abstinence from criminal activity.

Shiv Ram Sonkar and Another Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1124 of 2023

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Applicant :- Shiv Ram Sonkar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Sanjay Kumar

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Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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

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The instant bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No.24 A of 2015, under Sections 147, 148, 149, 307, 323, 325, 326, 329, 384, 427, 452, 504, 506 I.P.C. and 7 Criminal Law Amendment Act, P.S. Dhata, District Fatehpur, during pendency of trial.

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It is argued by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. Counsel for the applicant argued that it is a cross case in which both parties have sustained injury and at this stage, it cannot be said that who are aggressor. General role has been assigned to all the accused person. Further submission is that similarly situated co-accused, namely, Gulab Sonkar has been granted bail by Co-ordinate Bench of this Court vide order dated 21.07.2022 passed in Crl. Misc. Bail Application No.30284 of 2022, hence the applicant is also entitled to be enlarged on bail on the ground of parity. There is no prospect of trial of the present case being concluded in near future. The applicants are not previous convict. They are languishing in jail since 05.12.2022 and in case they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.

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Learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the facts narrated by counsel for the applicants.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , passed in S.L.P.(Crl.) No. 5191 of 2021,

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the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicants, Shiv Ram Sonkar and Ramu Sonkar be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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The applicants shall cooperate in the trial sincerely without seeking any adjournment.

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The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 1.2.2023 Meenu Singh

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Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad

Shiv Ram Sonkar and Another v. State of U.P.

Case brief

What is this about?

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Shiv Ram Sonkar and Another v. State of U.P.

Case brief

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What did the court decide?

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