Jogeshwar Sonkar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43500 of 2023 Applicant :- Jogeshwar Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Jitdendra Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant and learned A.G.A. for the State-respondent.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 67 of 2019 under Section 419, 420, 467 and 468 of I.P.C., Police Station-Jaitpura, District-Varanasi, during pendency of the trial.

3.Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the informant belong to the same family. Both the parties are claiming rights on the ancestral property. The dispute is primarily of civil in nature. The instant prosecution has been instituted against the applicant for the purposes of harassment. The applicant is in jail since 30.08.2023, having no criminal history and in case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the dispute is primarily of civil in nature. At present, there is no substantive evidence against the applicant. Further, the applicant has no criminal antecedents and has remained confined for more two months and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Jogeshwar Sonkar, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 31.10.2023 Sachin Mishra High Court of Judicature at Allahabad