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Allahabad High Court · body

2015 DIGILAW 860 (ALL)

Dabloo Sonkar v. State of U. P.

2015-04-17

ARVIND KUMAR MISHRA I

body2015
JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. The applicant Dabloo Sonkar seeks bail in Case Crime No. 808 of 2014, under Sections 396, 412 I.P.C. Police Station- Kotwali Ghazipur, District- Ghazipur. 3. The contention raised on behalf of the applicant is confined to the extent that in this case the applicant was infact lifted by the police on 25.4.2012 at around 1.40 a.m. from his home and in this regard information was sent to the S.P. Ghazipur vide registered letter (dated 27.5.2014) on 28.5.2014. Further elaborated that the alleged recovery/arrest shown against the applicant is timed 12.30 p.m., whereas, the registered letter was sent an hour prior to the arrest of the applicant. He further submits that the alleged recovery against the applicant is absolutely false and fictitious and applicant does not have any previous criminal history to his credit. Two other co-accused Deena Bind and Panna Bind have been admitted to bail vide orders dated 27.11.2014 and 11.2.2015 passed by this Court in Criminal Miscellaneous Bail Application Nos.40987 of 2014 and Criminal Miscellaneous Application No.39671 of 2014 respectively. 4. Learned AGA opposed the prayer for bail and refuted aforesaid submission by contending that the applicant was caught on the spot and the recovery of golden chain was been made from his possession, which golden chain has been identified by the complainant side as the very property looted during the course of dacoity. Learned AGA however, conceded to the fact of grant of bail to the above co-accused. 5. The points pertaining to nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge were duly considered. 6. Considering totality of circumstances of the case, without expressing any opinion on merits of the case, the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. 6. Considering totality of circumstances of the case, without expressing any opinion on merits of the case, the applicant is entitled to be released on bail. Accordingly, the bail application is allowed. 7. Let the applicant-Dabloo Sonkar involved in Case Crime No. 808 of 2014, under Sections 396, 412 I.P.C. Police Station- Kotwali Ghazipur, District- Ghazipur, 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: - (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when 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. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. (iv) 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 absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.