Allowed

Ashwani Alias Soni v. State of U.P. and 3 Others

Allahabad HC23 Jun 2023BAIL/19828/2023

Case brief

AI extract

What is this about?

The Allahabad High Court, in a bail application under Section 437 Cr.P.C., allowed bail for the applicant charged with offences under Sections 354B, 323 IPC, 506 IPC, and POCSO. The Court noted that co-accused were already on bail and found a case for bail.

What did the court decide?

Application allowed; applicant enlarged on bail executing personal bond and two sureties of like amount. Additional conditions imposed regarding attendance and cooperation in trial.

Ashwani Alias Soni Vs State of U.P. and 3 Others — Dowry and Cruelty | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:128175

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Court No. - 50

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19828 of 2023 Applicant :- Ashwani Alias Soni Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Syed Aftab Husain Rizvi,J.

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

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None has put appearance for the first informant, despite service of notice.

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The present bail application has been filed by the applicant to enlarge him on bail in case crime no.562 of 2021 under Sections 354B, 323, 506 I.P.C. and 9M/10 POCSO Act, P.S. Gangoh, District- Saharanpur.

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The learned counsel for applicant contends that F.I.R. of this case has been lodged on 27.11.2021 with regard to the alleged incident occurred on 26.11.2021 against the three accused persons who are all real brothers. The applicant is innocent and has been falsely implicated. Common role has been assigned to all the accused persons. The real fact is that the brother of the applicant is the ration dealer and the informant Giriraj has given the complaint before S.D.M. in which S.D.M. has been asked for the report and after investigation Supply Inspector has given the report in favour of the applicant. It is further contended that the co-accused, namely, Robin and Manoj Kumar with identical role have been granted bail by co-ordinate Benches of this Court vide orders dated 04.01.2023 and 29.04.2023. It is next contended that the the applicant has criminal history of eight cases which have been explained in Para No.13 of the bail application and applicant is on bail in all the said cases. Lastly, it is contended that applicant is in jail since 25.03.2023 and he undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.

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Learned AGA has opposed the prayer for bail but could not dispute the facts that co-accused, namely, Manoj Kumar and Robin whose cases are on identical footing have already been enlarged on bail.

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Considering the rival submissions of the parties, the nature and gravity of the offence, the severity of punishment, the evidence & other material available on record and all other attending facts and circumstances of the case, considering the fact that co-accused, namely, Manoj Kumar and Robin have been granted bail, in view of this Court, a case for bail is made out.

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Accordingly, the bail application is allowed .

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Let the applicant- Ashwani Alias Soni involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

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This bail order would be subject to the fulfillment of following conditions:-

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

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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Order Date :- 23.6.2023 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Ashwani Alias Soni v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Ashwani Alias Soni v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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