Sona @ Soni vs State Of U.P.
2019 Latest Caselaw 3072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 72
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15702 of 2019
 

 
Applicant :- Sona @ Soni
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shamsher Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Pradeep Kumar Srivastava,J.

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

As per FIR version, the accused applicant Sona @ Soni was arrested on spot on 09.2.2019 by the police team along with huge articles used for manufacturing country made liquor along with already manufactured country made liquor. The other accused persons any how escaped from the place of occurrence.

Submission of learned counsel for the accused applicant is that there being no previous criminal history against the accused applicant, he is languishing in jail since 10.2.2019.

Learned A.G.A. has vehemently opposed the prayer of bail.

Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment, as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a case for bail.

Let the applicant Sona @ Soni be released on bail in Case Crime No. 29 of 2019, under Sections 272,273 IPC and Section 60-Ka, Excise Act, P.S. Chhaprauli, District Baghpat on his furnishing a personal bond and two sureties each (one surety should be from the family of accused-applicant)in the like amount to the satisfaction of magistrate/court concerned, subject to the following conditions:-

i. The applicant will co-operate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in case of absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C.

(ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 17.4.2019

RCT/-