Dheeraj Sonkar vs State Of U.P.
2019 Latest Caselaw 3304 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16376 of 2019
 

 
Applicant :- Dheeraj Sonkar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shailendra Sharma
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Bachchoo Lal,J.

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

Learned counsel for the applicant submits that applicant is not named in the FIR. The FIR of the alleged incident was lodged against unknown. The name of applicant came into light in the confessional statement of co-accused Ravi Prakash Sahani. In the confessional statement of co-accused Ravi Prakash Sahani it has come that the deceased Sonu Sahani has established illicit relation with his wife due to which he (Ravi Prakash Sahani and Rahul Singh) committed the murder of the deceased. The role of causing injury with fire arm has been assigned to co-accused Rahul Singh who has been enlarged on bail by another bench of this court vide order dated 16.11.2018 in Criminal Misc. Bail Application No. 39688 of 2018. In the confessional statement of co-accused Ravi Prakash Sahani it has come that the applicant helped to other co-accused in throwing the dead body of the deceased with bamboo and a recovery of bamboo has been shown on the pointing out of the applicant. It has further been submitted that except the confessional statement of co-accused there is no other cogent evidence against the applicant. The applicant has not committed the alleged offence. He has falsely been implicated in the present case. The applicant has no criminal history and is in jail since 27.4.2018.

Per contra; learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and without expressing any opinion on the merits of the case, I find it a fit case for bail.

Let the applicant Dheeraj Sonkar involved in Case Crime No. 81 of 2018, under section 302, 201 IPC and Section 3/25 Arms Act, P.S. Kopaganj, District Mau be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

1. The applicant will not tamper with the evidence.

2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.

3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.

Order Date :- 22.4.2019

Masarrat