The Allahabad Excessive Court docket has granted conditional bail to 1 Yogesh Pathak @ Sonu Pathak, who was in jail since August 7, 2024, on costs of dacoity in Ramnagar, Varanasi.
A Single Bench of Justice Shree Prakash Singh handed this order whereas listening to a Felony Misc Bail Software filed by Yogesh Pathak @ Sonu Pathak.
The bail software has been filed on behalf of the applicant with the prayer to launch him on bail throughout the trial in Case beneath sections 395, 412 of the IPC, Police Station- Ramnagar, District -Varanasi.
Rivalry of the counsel for the applicant is that the applicant is harmless and has falsely been planted by the police within the matter.
He subsequent added that the primary data report was lodged after a delay of 20 days and no believable rationalization is given thereof.
He added that the applicant was not arrested on spot and on the confessional assertion of the co accused particular person, he was arrested and the police has failed to attach the applicant with any cogent piece of proof.
He subsequent added that identically located co-accused, particularly, Surya Prakash Pandey has already been enlarged on bail in Felony Misc Bail Software by the order dated 9.9.2024 handed by the Court docket and applicant is searching for parity of the identical.
He has additionally proven the opposite falsity within the story of the prosecution and the applicant has a felony historical past and he’s languishing in jail since 07-08-2024. The applicant undertakes that in case he’s granted bail, he is not going to misuse the freedom of the identical and would cooperate within the trial proceedings.
Per contra, AGA showing for the State has opposed the contentions aforesaid and submits that the applicant was subsequently arrested on the confessional assertion of the co accused particular person and there’s ample proof towards him and as such, he isn’t entitled for any reduction.
“Having heard counsels for the events and after perusal of fabric positioned on document, it transpires that the applicant is languishing in jail since 07-08-2024 and there’s a case felony historical past of the applicant; the applicant was not arrested on spot; the primary data report is delayed by 20 days and as per the submission of the counsel for the applicant, there is no such thing as a ample proof towards him coupled with the truth that the applicant has undertaken that if he’s granted bail, he is not going to misuse the freedom of the identical and would cooperate within the trial proceedings.
Contemplating the submissions of the counsel of each side, nature of accusation and severity of punishment in case of conviction, nature of supporting proof, prima facie satisfaction of the Court docket in assist of the cost, reformative principle of punishment and contemplating bigger mandate of the Article 21 of the Structure of India and, with out expressing any view on the deserves of the case, I discover it to be a match case of bail,” the Court docket noticed.
The Court docket ordered that,
Let the applicant- Yogesh Pathak @ Sonu Pathak concerned within the aforementioned crime be launched on bail, on his furnishing a private bond and two sureties every within the like quantity, to the satisfaction of the court docket involved, with the next situations:-
(1) The applicant shall not tamper with the prosecution proof by intimidating/ pressurizing the witnesses, or in any other case throughout the investigation or trial;
(2) The applicant shall file an endeavor to the impact that he shall not search any adjournment on the dates mounted for proof when the witnesses are current in court docket. He shall stay current earlier than the trial court docket on every date mounted, both personally or by means of his counsel. In case of his absence, with out ample trigger, the trial court docket might proceed towards him beneath Part 229-A of the Indian Penal Code;
(3) The applicant shall stay current, in particular person, earlier than the trial court docket on the dates mounted for (i) opening of the case, (ii) framing of cost and (iii) recording of assertion beneath Part 313 CrPC; and
(4) In case, the applicant misuses the freedom of bail throughout trial and with a purpose to safe his presence proclamation beneath Part 82 CrPC is issued and the applicant fails to look earlier than the court docket on the date mounted in such proclamation, the trial court docket shall provoke proceedings towards him, in accordance with regulation beneath Part 174-A of the Indian Penal Code.
