The Allahabad High Court has granted conditional bail to Ghaziabad councillor Sonu Baghel alias Sunil, who has been accused of murder, criminal conspiracy, attempt to murder and other crimes.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Sonu Baghel Alias Sunil.
By means of the bail application the applicant has prayed to be enlarged on bail in Case at Police Station- Loni Border, District- Ghaziabad under Sections 147, 148, 149, 324, 302, 341, 307, 120-B I.P.C. The applicant has been in jail since 03.07.2024. The bail application of the applicant was rejected by the trial court on 05.08.2024.
The Court noted that,
The following arguments made by Saumitra Dwivedi, counsel and Vivek Kumar Pal, counsel on behalf of the applicant, which could not be satisfactorily refuted by Syed Abid Ali Naqvi, counsel, Ashutosh Mishra, counsel and Ashish Tyagi, counsel on behalf of the informant and Suchit Tandon, AGA from the record, entitle the applicant for grant of bail:
(1) A vague and general role has been assigned to the applicant in the FIR.
(2) The applicant is not related to the parties and had no motive to commit the offence.
(3) The applicant has been nominated at the instigation of interested parties in the village.
(4) No incriminating article has been recovered from the applicant.
(5) The case of the applicant is distinguishable from the principal offender including one Chanchal whose bail has been rejected by this Court.
(6) The applicant does not have any criminal history apart from the case.
“The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to join the trial proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending,” the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant- Sonu Baghel @ Sunil be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence or influence any witness during the trial.
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iii) The trial court is directed to fix the sureties after due application of mind in light of the judgement rendered by the Court in Arvind Singh v State of U.P Thru Prin Secy Home Deptt (Application U/S 482 No.2613 of 2023). The trial court shall ensure that the right of bail of the applicant granted by the Court is not frustrated by arbitrary demands of sureties or onerous conditions which are unrelated to the socioeconomic status of the applicant.
It is further directed that in case the accused does not cooperate in the trial or adopts dilatory tactics, the trial court shall record a finding to this effect and cancel the bail without recourse to the Court.