Sonu v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49433 of 2023 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶3The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.87 of 2023 under Sections 307, 427 IPC and 3/57 U.P. Mines and Mineral Rules Police Station Jaitpur District Agra.

¶4Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. The applicant is driver of the tractor who is alleged to have been arrested at the spot. There is no allegation against the present applicant. The applicant has no criminal history prior to the instant case, however, after the lodgment of the instant case the applicant was also implicated in one more case bearing Case Crime No. 88 of 2023 under Sections 420 and 465 IPC Police Station Jaitpur District Agra in which the applicant has applied for bail before the learned Sessions Judge Agra which is still pending. The main accused Dhirendra Singh alias Sanju Tomar who is the driver of JCB and who is alleged to have run down the informant by JCB has already been enlarged on bail by a co-ordinate Bench of this Court by order dated

08.11.2023 passed in Criminal Misc. Bail Application No. 47856 of 2023. It is submitted that the case of the present applicant stands on a better footing than that of the co-accused, however the applicant seeks parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since 14.10.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.

¶5On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.

¶6Considering the facts and circumstances of the case and taking into account that there is no direct allegation against the applicant, the main accused Dhirendra Singh alias Sanju Tomar who is the driver of JCB and who is alleged to have run down the informant by JCB has already been enlarged on bail by a co-ordinate Bench of this Court by order dated 08.11.2023 passed in Criminal Misc. Bail Application No. 47856 of 2023 and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.

¶7The bail application is allowed.

¶8Let applicant-Sonu be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 21.11.2023 Nadeem High Court of Judicature at Allahabad