The Allahabad High Court has granted conditional bail to one Yogesh Pathak @ Sonu Pathak, who was in jail since August 7, 2024, on charges of dacoity in Ramnagar, Varanasi.
A Single Bench of Justice Shree Prakash Singh passed this order while hearing a Criminal Misc Bail Application filed by Yogesh Pathak @ Sonu Pathak.
The bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case under sections 395, 412 of the IPC, Police Station- Ramnagar, District -Varanasi.
Contention of the counsel for the applicant is that the applicant is innocent and has falsely been planted by the police in the matter.
He next added that the first information report was lodged after a delay of 20 days and no plausible explanation is given thereof.
He added that the applicant was not arrested on spot and on the confessional statement of the co accused person, he was arrested and the police has failed to connect the applicant with any cogent piece of evidence.
He next added that identically situated co-accused, namely, Surya Prakash Pandey has already been enlarged on bail in Criminal Misc Bail Application by the order dated 9.9.2024 passed by the Court and applicant is seeking parity of the same.
He has also shown the other falsity in the story of the prosecution and the applicant has a criminal history and he is languishing in jail since 07-08-2024. The applicant undertakes that in case he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.
Per contra, AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant was subsequently arrested on the confessional statement of the co accused person and there is ample evidence against him and as such, he is not entitled for any relief.
“Having heard counsels for the parties and after perusal of material placed on record, it transpires that the applicant is languishing in jail since 07-08-2024 and there is a case criminal history of the applicant; the applicant was not arrested on spot; the first information report is delayed by 20 days and as per the submission of the counsel for the applicant, there is no ample evidence against him coupled with the fact that the applicant has undertaken that if he is granted bail, he will not misuse the liberty of the same and would cooperate in the trial proceedings.
Considering the submissions of the counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail,” the Court observed.
The Court ordered that,
Let the applicant- Yogesh Pathak @ Sonu Pathak involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;
(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 CrPC; and
(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.