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2025 DAILYLAW 112046 (ALL)

SONU JATAV v. STATE OF U.P.

BAIL/47239/2024 · 2025-04-24

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64120 Court No. - 80 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47239 of 2024 Applicant :- Sonu Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the record. 2. This is the second bail application on behalf of the applicant. The first bail application of the applicant was rejected on merits vide order dated 16.9.2022 in Cr. Misc. Bail Application No. 21103 of 2022 by this Court. 3. The only ground which has been raised by the learned counsel for the applicant in this second bail application is the detention period and delayed trial. It is also submitted that the accused has not committed any offence. Alleged offences are not made out against the applicant. The allegations made in the FIR are false. Criminal history of the applicant is explained in the affidavit. Applicant is languishing in jail since 24.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. 4. On the other hand, learned A.G.A. opposed the prayer for bail. 5. It is brought to the notice of this Court that earlier the applicant was on bail and for misuse of bail he was sent to jail. Now the applicant is languishing in jail since 24.11.2021 and the trial is still pending. 6. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant Sonu Jatav involved in Case Crime No.6 of 2021 under Sections 395, 412 IPC, Police Station-Sikandrarau, District - Hathras be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i). The applicant will not tamper with the evidence during the trial. (ii). The applicant will not pressurize/ intimidate the prosecution witness. (iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. (iv). The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v). The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. 8. In 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 :- 25.4.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad