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2017 DIGILAW 1498 (ALL)

Vikas Sonkar v. State of U. P.

2017-06-06

SAUMITRA DAYAL SINGH

body2017
JUDGMENT Heard learned counsel for the applicant and learned A. G. A. for the State as also perused the record. This bail application has been filed by the applicants namely Vikas Sonkar, Bablu Lal and Pintu in respect of case Crime No. 205 of 2014, under Sections 147, 148, 149, 307, 308, 332, 353, 395, 397, 323, 504, 506, 452, 354, 436, 427, 341, 412 IPC and Section 7 Criminal Law Amendment Act and Section 2/3 Prevention of Damage to Public Property Act, P.S. Baragaon, District Varanasi. Learned counsel for the applicants would submit that no specific role has been assigned to the applicants in the aforesaid FIR and other co-accused similarly arisen in the aforesaid FIR have already been granted bail by this Court by various orders that have been annexed in the instant bail application, details of which have been given below: - Co-accused namely Manoj Sonker, Nandu Patel, Sonu Sonker, Sanjay Sonker, Sabeeb Bhatt Sonker, Ram Karan Sonker, Raj Kumar Sonker, Vinod Sonker, Bablu Sonker, Raju Rajbhar Bhatt, Yogesh Kumar Mishra, Doodh Nath, Chhannu Lal Sonker, Arjun Sonker and Amar Dev Sonker have already been enlarged on bail by this Court vide orders dated 5.12.2014, 21.11.2014, 21.11.2014, 12.2.2014, 22.1.2014, 5.5.2015, 11.2.2015, 12.2.2015, 25.5.2015, 16.1.2015, 8.7.2015, 10.9.2015, 25.2.2016, 29.2.2016 and 31.3.2016 passed in Criminal Misc. Bail Applications No. 39717 of 2014, 40130 of 2014, 40165 of 2014, 39829 of 2014, 2144 of 2015, 4958 of 2015, 5261 of 2015, 5493 of 2015, 7370 of 2015, 867 of 2015, 23244 of 2015, 33004 of 2015, 5761 of 2016, 6082 of 2016 and 9326 of 2016. He further submitted that since the role of the applicants are identical to that of the co-accused who have already been enlarged on bail, they are also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicants further submits that the applicants are in jail since 8.5.2017. The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court. Learned counsel for the applicants further submits that the applicants are in jail since 8.5.2017. The prayer for bail has vehemently been opposed by learned A. G. A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court. Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused have already been enlarged on bail by this Court, without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail. In view of the above, let the applicants- Vikas Sonkar, Bablu Lal and Pintu involved in the aforesaid case crime number be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions: - (i) The applicants will not tamper with the evidence during the trial. (ii) The applicants will not pressurize/intimidate the prosecution witness. (iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.