Pankaj Sonkar v. State of U.P. Thru. Addl. Chief Secy. Home Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14556 of 2023 Applicant :- Pankaj Sonkar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. Counsel for Applicant :- Dilip Kumar Verma,Manmohan Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This application has been moved by the applicant - Pankaj Sonkar to enlarge him on bail in Case Crime No. 196 of 2023 under Sections 41, 411, 413, 420, 467, 468, 471 IPC Police Station Aliganj, District Ambedkar Nagar. It is argued by the learned counsel for the applicant that it is a case of parity. Both the co-accused persons; Deepak Agarhari and Puneet Yadav have been granted bail by the coordinate bench of this court. He is not named in the FIR. He has been wrongly implicated by the police. Regarding criminal history, it is alleged that all the three cases were slapped upon the present applicant along with the present case. The applicant is languishing in jail since 02.09.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail and submitted that the applicant is a member of a gang of thieves, who are habitual in stealing the vehicles. They change the vehicle's number plates and sell them on higher rate. The criminal history of three cases is shown to the credit of the applicant. From perusal of the record, it is found that the applicant was arrested by the police along with two co-accused persons riding on two motorcycles. On the pointing out of these three persons, six vehicles have been recovered. It is alleged that on the basis of confessional statements of the applicant and co-accused persons, the applicant has been implicated in the present case. Co-accused persons have been granted bail by the coordinate bench of this court. The applicant is languishing in jail since

02.09.2023. Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant Pankaj Sonkar involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 11.12.2023 gp High Court of Judicature at Allahabad, Lucknow Bench