Sonu @ Dilli v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59099 of 2022 Applicant :- Sonu @ Dilli Opposite Party :- State of U.P. Counsel for Applicant :- Satendra Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Prabhat Pandey, Advocate, holding brief of Sri Satendra Kumar Sharma, learned counsel for the applicant and Sri Ghanshyam Mishra, learned brief holder for the State-respondent.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 1200 of 2021, under Sections 302, 404, 411 IPC, Police Station-Baradari, District-Bareilly, during pendency of the trial in the court below.

¶3FIR of the present case was lodged against applicant and one another and according to the FIR, applicant and another accused has taken the brother of the informant from his home and thereafter his brother did not return and after search, his dead body was found.

¶4Learned counsel for the applicant submitted that on the basis of false allegation, applicant has been made accused in the present matter and except the evidence of last seen and confessional statement of the applicant and recovery of mobile phone and Aadhar Card of the deceased from the possession of the applicant and a brick, there is no other evidence against the applicant on record. He further submitted that on the basis of recovery of mobile phone and Aadhar Card of the deceased and recovery of a brick, at this stage, it cannot be said that applicant committed the murder of the deceased.

¶5He further submitted that applicant is not having any criminal history and he is in jail since 29.12.2021 i.e. for last almost two years.

¶6Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.

¶7I have heard learned counsel for the parties and perused the record of the case.

¶8Considering the fact that it is a case of circumstantial evidence and except the evidence of last seen and recovery of mobile phone and Aadhar Card of the deceased from the possession of the applicant and a brick, there is no other evidence against the applicant on record and applicant is not having any criminal history and he is in jail for almost two years, in my view applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant-Sonu @ Dilli be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 12.12.2023 KK Patel High Court of Judicature at Allahabad