Babu Ram Sonkar @ Khesari vs State Of U.P.
2019 Latest Caselaw 4189 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 74
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19222 of 2019
 

 
Applicant :- Babu Ram Sonkar @ Khesari
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sheetala Prasad Pandey
 
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 was lodged against unknown. The name of applicant came into light in the statement of one Bihari who has expressed suspicion against the applicant and other co-accused. Showing the arrest of applicant and other co-accused on 3.4.2018 the applicant has falsely been implicated in the present case on the basis of confessional statement of applicant and other co-accused. Except the confessional statement of applicant and other co-accused there is no other cogent evidence against the applicant. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. It has further been submitted that co-accused Pradeep Kumar Gupta, Ganeshu @ Vivek Kumar Gaur and Devendra Gond @ Akash having identical role have already been releaased on bail by another bench of this court vide orders dated 9.10.2018, 30.4.2019 and 15.2.2019 respectively, therefore, the applicant is also entitled for bail on the ground of parity. The applicant has no criminal history and is in jail since 30.4.2018.

Per contra; learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid fact that co-accused Pradeep Kumar Gupta, Ganeshu @ Vivek Kumar Gaur and Devendra Gond @ Akash having identical role have already been releaased on 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 Babu Ram Sonkar @ Khesari involved in Case Crime No. 102 of 2018, under section 302, 201, 120B IPC, P.S.Gola, District Gorakhpur 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 :- 7.5.2019

Masarrat