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2025 DAILYLAW 102571 (ALL)

SONU ALIAS SIKANDAR v. State of UP

BAIL/36660/2024 · 2025-02-05

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:17823 Court No. - 52 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36660 of 2024 Applicant :- Sonu Alias Sikandar Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Pal Counsel for Opposite Party :- Digvijay Singh,G.A.,Rajesh Kumar Nishad Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Anil Kumar Pal, learned counsel for the applicant, Mr. Digvijay Singh, learned counsel for the informant, learned A.G.A. for the State and perused the material on record. 2. By means of this application, the applicant who is involved in Case Crime No. 217 of 2023, under sections 366, 376A, 302 and 120B I.P.C., P.S. Bindki, District-Fatehpur, is seeking enlargement on bail during the trial. 3. This is the second bail application of the applicant. The first bail application of the applicant was rejected by this Court, vide order dated 31.5.2024 passed in Criminal Misc. Bail Application no. 11071 of 2024. 4. Learned counsel for the applicant submits that the applicant was not named in the First Information Report. The applicant is innocent and has been falsely implicated in the present case. He also submits that other co-accused Aladeen Ahmad Chhotu and Islam Ahmad have already been enlarged on bail by co-ordinate Benches of this Court, vide orders dated 31.10.2023 and 5.12.2023 passed in Criminal Misc. Bail Application Nos. 45905 of 2023 and 42823 of 2023 respectively. The applicant is languishing in jail since 25.6.2023. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses. 5. Per contra, Mr. Digvijay Singh, as well as learned A.G.A. have opposed the prayer for bail and submitted that as per prosecution case, in the statement of witnesses, it has been mentioned that the applicant with the help and assistance of co-accued wanted to forcefully marry the victim. The CDR as collected goes to show that the applicant had made seven calls on 22.6.2023. In the mobile phone of the victim (deceased) last SMS has been received on 22.6.2023 at about 14:25 hours. The aforesaid goes to show that the applicant is involved in the incident as the victim disappeared from the marriage on 22.6.2023 and could not be found, whereas the mobile phone of the victim was found with the applicant and in view of the above, the applicant is not entitled to be enlarged on bail. 6. After having heard the submissions advanced by learned counsel for the parties and perused the material brought on record. I am not inclined to enlarge the applicant on bail as the offences are of serious nature. 7. Learned counsel for the applicant has failed to make out any new ground for enlarging the applicant on bail at this stage hence, the second bail application of the applicant is rejected. Order Date :- 5.2.2025 Faridul Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad