Allowed

Ashish Soni @ Sunny v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC9 Apr 2024BAIL/2703/2024

Case brief

AI extract

What is this about?

Bail application under Sections 392 and 411 IPC for robbery case; applicant in jail since September 2023 with charge-sheet filed. Court granted bail without expressing opinion on merits, imposing conditions against tampering, intimidation, and absence.

What did the court decide?

Applicant released on bail subject to personal bond, two sureties, and conditions on conduct and trial attendance.

Ashish Soni @ Sunny vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:62906

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2703 of 2024

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Applicant :- Ashish Soni @ Sunny Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Ram Sahay Yadav,Amit Srivastava,Brijendra Kumar Tiwari,Ram Naresh Yadav,Vineet Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record.

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The present bail application has been filed by accused-applicant seeking bail in Case Crime No.193 of 2023, under Sections 392, 411 I.P.C., P.S. Talkatora, District Lucknow.

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Learned counsel for applicant submits that applicant has been falsely implicated in this case. False recovery has been shown from the applicant. Applicant has been caught from the spot. The prosecution case is highly improbable as the applicant has been shown to be arrested after seven days from the incident and no one will rome around with the looted articles keeping in his pocket for seven days. He submits that all the criminal history of the applicant relate to the cases which have been registered by the police without naming any accused. There is no independent witness to the recovery. Applicant is in jail since 19.09.2023.

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Learned A.G.A. has opposed the bail prayer however, submits that charge-sheet in the case has been filed.

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On due consideration to the submissions advanced, perusal of

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the record as also the fact that the applicant is languishing in jail since 19.09.2023, charge-sheet in the case has been filed, period of incarceration gone into by the applicant, without expressing any opinion on merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed .

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Let the applicant Ashish Soni @ Sunny be released on bail in aforesaid case crime number subject to his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:

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

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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 or to any police officer or tamper with the evidence.

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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Order Date :- 11.9.2024 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Ashish Soni @ Sunny v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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What did the court decide?

Ashish Soni @ Sunny v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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