Sonu Raikwar v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44174 of 2023 Applicant :- Sonu Raikwar Opposite Party :- State of U.P. Counsel for Applicant :- Fakhruzzaman Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard learned counsel for the applicant, learned A.G.A for the State-opposite party and perused the record.

¶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. 68 of 2023, under Sections 2/3 of U.P. Gangster Act, 1986, Police Station-Todifatehpur, District-Jhansi, during the pendency of trial.

¶3Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. In the gang-chart only two cases has been shown against the applicant, in which he has already been enlarged on bail. Copies of the bail orders have been annexed as Annexure No. 3 & 4, respectively with the application supported with the affidavit. In addition to that another case crime No. 32 of 2023 under Section 3/25 Arms Act, has also been lodged against the applicant, in which the applicant has already been enlarged on bail. Copy of the bail order has also been annexed with the application supported with the affidavit. The applicant is not the member of any gang. It is further stated that there is no other criminal history of the applicant. The applicant is in jail since 11.03.2023. In case, he is enlarged on bail, he will not misuse the said liberty. The applicant is in jail since In case, he is enlarged on bail, he will not misuse the said liberty.

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

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant - Sonu Raikwar, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 3.11.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad