Sonu Singh Bawaria v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45975 of 2023 Applicant :- Sonu Singh Bawaria Opposite Party :- State of U.P. Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The FIR in question was lodged against two unknown persons. Subsequently, based upon the statement of the co-accused, the applicant was apprehended. The applicant has no criminal antecedent.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the applicant has been apprehended solely based upon the statement of the co-accused and a recovery which is prima-facie contrary to Section 100 Cr.P.C., coupled with the fact that the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Sonu Singh Bawaria be released on bail in FIR No.184 of 2023, under Section 392/411 IPC, P.S. Kothibhar, District Maharajganj, on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 31.10.2023 nishant High Court of Judicature at Allahabad