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2015 DIGILAW 1056 (ALL)

Sonu @ Sohanpal v. State of U. P.

2015-05-01

VIJAY PRAKASH PATHAK

body2015
JUDGMENT Vijay Prakash Pathak, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This bail application has been moved on behalf of the applicant Sonu @ Sohanpal, who is involved in Case Crime No.334 of 2014, under Sections 392, 411, 120B IPC, P.S.Gulawati, District Bulandshahr. 3. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the applicant is not named in the FIR which was lodged against unknown miscreants for looting away Innova, mobile and Rs.2000/- from the informant. It is further contended that the FIR was lodged after about two months of the incident and no proper explanation has been given by the prosecution for such delay. It is further contended that the applicant along with other co-accused is alleged to have been arrested by the police in a police encounter case and from their joint possession the alleged Innova vehicle is said to have been recovered. It is further contended that in the said police encounter case, the applicant has been granted bail.It is further contended that entire prosecution story has been concocted by the police and there is also no independent witness of said recovery. It is further contended that at the same time three other cases were also slapped against the applicant whereas he had no previous criminal history and he has been implicated in the present case only on the basis of confessional statement of co-accused. It is lastly contended that the applicant is in jail since 11.10.2014 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. 4. Learned A.G.A. opposed the prayer for bail. Considering the entire facts and circumstances of the case, the allegations in the FIR and all other materials available on record, the applicant may be released on bail. 5. Let the applicant Sonu @ Sohanpal, who is involved in Case Crime No.334 of 2014, under Sections 392, 411, 120B IPC, P.S.Gulawati, District Bulandshahr 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 on the following conditions: - 1. The applicant will not tamper with the evidence during course of trial. 2. The applicant will not tamper with the evidence during course of trial. 2. The applicant will not pressurise/intimidate the prosecution witnesses. 3. The applicant will appear before the trial court on the date fixed. 6. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.