Allowed

Arvind Sonkar v. State of U.P.

Allahabad HC28 Jan 2023BAIL/5898/2022

Case brief

AI extract

What is this about?

This is a bail application under Criminal Misc. Bail Application No. 5898 of 2022. The court granted bail to the applicant, Arvind Sonkar, accused of murder, subject to a personal bond and two local sureties after considering that another accused had been granted bail.

What did the court decide?

Released on bail on furnishing a personal bond and two local sureties subject to specified conditions.

Arvind Sonkar Vs State of U.P. — Murder and Culpable Homicide | Allahabad HC (2023)

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Court No. - 86

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5898 of 2022

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Applicant :- Arvind Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Tripathi,Ashok Kumar Mishra,Pramod Kumar Srivastava,Ravi Prakash Singh,Shiv Pratap Singh

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Counsel for Opposite Party :- G.A.

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Hon'ble Mayank Kumar Jain,J.

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Supplementary affidavit filed 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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The present bail application has been filed on behalf of applicant in Case Crime No. 126 of 2021, under Section 302 IPC, Police Station Mohabbatpur Paisa, District Kaushambi, with the prayer to enlarge the applicant on bail.

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The contention as raised at the bar by learned counsel for the applicant is that applicant accused has been falsely implicated in the present case. Learned counsel for the applicant submits that the first information was lodged the FIR on the basis of suspicious. The incident occurred on 22.10.2021 and its FIR was lodged on 24.10.2021 without any explanation. There is no eye witness of the alleged incident. The FIR version is based upon circumstantial evidence. It is further submitted that there is no motive of the applicant to commit the aforesaid crime. Learned counsel for the applicant lastly submits that the applicant is in jail since 28.10.2021 having no criminal history and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.

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The prayer for bail has been vehemently opposed by learned A.G.A. and submits that in this case trial is going on and six witness have been examined. The injured has sustained several lacerated wounds.

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Considering the submissions made by learned counsel for the applicant as well as learned A. G. A. and the fact that identically placed co-accused has already been enlarged on bail, 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 the applicant Arvind Sonkar 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 :- 28.1.2023 v.k.updh.

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Digitally signed by :- VINOD KUMAR UPADHYAY High Court of Judicature at Allahabad

Arvind Sonkar v. State of U.P.

Case brief

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Arvind Sonkar v. State of U.P.

Case brief

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