Allahabad High Court
Kunal Soni vs State Of U.P. on 3 January, 2023
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45106 of 2022
Applicant :- Kunal Soni
Opposite Party :- State of U.P.
Counsel for Applicant :- Ghan Shyam
Counsel for Opposite Party :- G.A.,Dilendra Pratap Singh,Umesh Kumar Vishwakarma
Hon'ble Dr. Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned counsel for the first informant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Kunal Soni, with a prayer to release him on bail in Case Crime No. 131 of 2022, under Sections 307, 306, 323, 506 IPC Police Station - Kotwali,, District- Etawah, during pendency of trial.
Learned counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the present case. It is alleged in the F.I.R. that the applicant and others have beaten the complainant and her mother and co-accused Vishnu Soni has put gun upon her and when her brother came to save and then he was also beaten and the Vishnu Soni make two fire for which the present F.I.R. has been lodged. Learned counsel for the applicant next argued that applicant has never teased the deceased nor has abated her to commit suicide. It is further submitted tat co-accused namely, Shiva Soni @ Shivam Verma has already been enlarged on bail by a co-ordinate Bench of this Court vide order dated 15.9.2022 passed in Criminal Misc. Bail Application No.36447 of 2022. It is next submitted that applicant has no criminal history and he is languishing in jail since 01.08.2022 and in case, he is enlarged on bail he will not misuse the liberty of bail and shall cooperate with the trial.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the fact co-accused person has already been enlarged on bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, larger mandate of the Article 21 of the Constitution of India, considering the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and recent judgment dated 11.07.2022 of the Apex Court in the case of Satendra Kumar Antil vs. C.B.I., passed in S.L.P (Crl.) No. 5191 of 2021 and considering 5-6 times overcrowding in jails over and above their capacity by the under trials and coupled with the fact that co-accused person has already been enlarged on bail and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant- Kunal Soni be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. That 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;
5. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 to ensure presence of the applicant.
6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.
If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 3.1.2023
Sachin/-
