Jaykumar Sonkar v. State of U.P

Reserved On:- 09.10.2023

Delivered On:- 16.10.2023 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38731 of 2023 Applicant :- Jaykumar Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Dharmendra Kumar Singh,Vijay Laxmi Counsel for Opposite Party :- G.A.,Dharmendra Kumar Dwivedi Hon'ble Siddharth, J.

¶1Heard Sri Dharmendra Kumar Singh; learned counsel for applicant; Sri Dharmendra Kumar Dwivedi; learned counsel for informant as well as Learned AGA for State and perused the material placed on record.

¶2By means of this application, the applicant, Jaykumar Sonkar, who is involved in Case Crime No. 153 of 2022, under sections 147, 302 IPC, Police Station Jalalpur, district Jaunpur, and is in jail since 28.03.2023, is seeking enlargement on bail during the trial.

¶3It is submitted by learned counsel for the applicant that similarly placed co-accused, Kanchan Sonkar, has already been enlarged on bail by this Court by the order dated 12.10.2022 in Criminal Misc. Bail Application No. 37253 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused, Kanchan Sonkar, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity and for the reasons given in the order of co-accused.

¶4The prayer for bail has vehemently been opposed by learned A.G.A.

¶5Considering the submissions made by learned counsel for the applicant as well as learned A.G.A., this Court is of the view that the applicant has made out a case for grant of bail on the ground of parity.

¶6In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.

ii) He will not tamper with the witnesses.

iii) He will not indulge in any illegal activities during the bail period.

¶7It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before she is accepted.

¶8In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail. Order Date :- 16.10.2023 Rohit High Court of Judicature at Allahabad