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2025 DIGILAW 274 (ALL)

Sonu v. State of U. P.

2025-02-11

SAMIT GOPAL

body2025
JUDGMENT : Samit Gopal, J. 1. List revised. 2. Heard Sri Mahendra Kumar Yadav, Advocate holding brief of Sri Vipin Kumar Yadav, learned counsel for the applicant and Sri Bade Lal Bind, learned counsel for the State and perused the material on records. 3. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant- Sonu , seeking enlargement on bail during trial in connection with Case Crime No. 67 of 2021 (S.T. No. 2279 of 2021), under Sections 302, 120-B, 34 I.P.C. Police Station Pisawa, District Aligarh. 4. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is submitted that the first information report was lodged by Saurabh Kumar nephew of the deceased Vijay Pal against Beerpal Singh, Manoj Kumar, Laturi Singh and son-in-law of Veerpal stating therein that there had been some dispute with regards to land between him and Veerpal and the accused persons have murdered his uncle Vijay Pal Singh by firing upon him. It is submitted that one alleged witness Gaurav named co-accused Dhanpal and Prashant in the present matter who were arrested and from the possession of Prashant a country-made pistol was recovered who gave his confessional statement to the police in which he named the applicant as an accused. It is submitted that the applicant is not named in the first information report. It is submitted that the evidence as is being relied against the applicant is inadmissible evidence. While placing paragraph 23 of the affidavit it is submitted that there is no recovery of any incriminating material either from the possession or pointing out of the applicant. While placing paragraph 18 of the affidavit it is submitted that investigation in the matter has concluded and charge-sheet has been submitted. It is argued that co- accused Dhanpal and Prashant have been granted bail by this Court including a co- ordinate Bench of this Court vide orders dated 24.03.2022 and 21.04.2023 passed in Criminal Misc. Bail Application Nos. 48315 of 2021 and 16677 of 2023, the copy of the said orders is annexed as Annexure-12 to the affidavit. It is argued that co- accused Dhanpal and Prashant have been granted bail by this Court including a co- ordinate Bench of this Court vide orders dated 24.03.2022 and 21.04.2023 passed in Criminal Misc. Bail Application Nos. 48315 of 2021 and 16677 of 2023, the copy of the said orders is annexed as Annexure-12 to the affidavit. It is submitted while placing paragraph 4 of the second supplementary affidavit dated 31.01.2025 that apart from the present case although the applicant has no previous criminal history but after the present case one case under the Arms Act and one case under the Gangsters Act have been lodged against him. The applicant is in jail since 13.07.2021. 5. Per contra, learned counsel for the State opposed the prayer for bail. 6. After having heard learned counsel for the parties and perusing the record, it is evident that the applicant is not named in the first information report. His name in the present matter has surfaced in the statement of co-accused Prashant. There is no recovery of any incriminating material from the possession of the applicant. The investigation has concluded and charge-sheet has been submitted. Co-accused Dhanpal and Prashant have been granted bail. 7. Looking to the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail. 8. Let the applicant- Sonu , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties ( one of the sureties will be of his family members and the other will be of a local person ) each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. (ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. 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., may be issued and if 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 I.P.C. (v) The applicant shall remain present, in person, before the trial court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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 and the trial court may proceed against him under Section 229-A IPC. (vi) The trial court may make all possible efforts/endeavour and try to conclude the trial expeditiously after the release of the applicant. 9. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison. 10. The bail application is allowed 11. Pending application (s), if any, shall stand disposed of.