Allowed

Sanjay Sonkar v. State of U.P.

Allahabad HC7 Jul 2023BAIL/23431/2023

Case brief

AI extract

What is this about?

This criminal miscellaneous bail application was filed by Sanjay Sonkar challenging his detention in a case involving Section 376(2)(L) IPC. The High Court allowed the second bail application after recording a supplementary affidavit, finding prima facie that a case for bail was made out due to lack of witness corroboration.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two local sureties subject to specific conditions.

Sanjay Sonkar Vs State of U.P. — Cheating and Forgery | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:134373

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Court No. - 85

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23431 of 2023

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Applicant :- Sanjay Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed on behalf of applicant in Court today is taken on record.

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

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This is second application for bail moved on behalf of applicant as the first application for bail was rejected by this Court vide order dated 12.01.2023 passed in Criminal Misc. Bail Application No. 29712 of 2022.

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The present bail application has been filed on behalf of applicant in Case Crime No. 60 of 2021, under Sections 376(2) (L) I.P.C., Police Station Kalinjar, District Banda with the prayer to enlarge the applicant on bail.

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It is submitted by learned counsel for applicant that applicant is innocent and has not committed any offence as alleged in the first information report. It is further submitted that after rejection of first bail application, statement of P.W.1-Daddu Sonkar (Informant) has been recorded before the trial court and he has not corroborated the version of the prosecution case. The alleged Phalahari Baba has been recorded as P.W.2 and he also did not corroborate the version of the prosecution case and has been declared hostile. It is further submitted that so far as criminal history of the applicant is concerned, the same has been explained in para-2 of the supplementary affidavit filed in support of bail application. Learned counsel for applicant lastly submits that applicant is in jail since 18.08.2021 having no criminal history and that in case applicant is enlarged on bail, applicant will not misuse the liberty of bail.

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Per contra learned A.G.A. vehemently opposed the prayer for bail but not dispute the aforesaid aspect of the matter.

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Considering the submissions made by learned counsel for applicant as well as learned A.G.A. and without expressing any opinion on the merits of the case, at this stage, prima facie , a case for bail has been made out.

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The prayer for bail is granted. The application is allowed.

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Let applicant, Sanjay Sonkar , involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:

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(1). The applicant will not tamper with the prosecution evidence during the trial.

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(2). The applicant will not influence any witness.

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(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

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(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 7.7.2023 Prajapati

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Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad

Sanjay Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sanjay 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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