Pawan Sonkar v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42956 of 2023 Applicant :- Pawan Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Mishra Counsel for Opposite Party :- G.A.,Atif Ahmad,Shashi Bhushan Mishra Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant, Sri Shashi Bhushan Mishra, learned counsel for the informant and Sri Shashank Shekhar, learned AGA 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. 246 of 2021, under Sections 147, 148, 323, 504, 506, 427 IPC, Police Station Jhunsi, District Prayagraj,, during the pendency of trial.

¶3Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per allegations in the FIR, five persons including applicant are alleged to have assaulted the informant. As per medical report the informant sustained six injuries. All the injuries, except injury no.6, are simple in nature. The injury no. 6 was referred for x-ray examination. As per supplementary medical report, the said injury is a fracture on left side of parietal bone. It is contended that the author of the said injury is not known. Even in the statement of the injured/informant the applicant has not been nominated as principal offender, who caused the said injury. A vague and general role has been assigned to the applicant. The applicant is in jail since 22.09.2023 having no criminal history and 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 heard counsel for the parties and having perused the record, this Court prima facie finds that a vague and general role has been assigned to all the accused. Even the injured/informant in his statement has not nominated the applicant as the principal offender, who caused the injury. The applicant has no criminal antecedents. Further, the applicant has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when 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 applicant, Pawan Sonkar, involved in the aforesaid case 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; and,

(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 :- 16.11.2023 Prajapati High Court of Judicature at Allahabad