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2025 DAILYLAW 107301 (ALL)

MAHESH SONKAR v. STATE OF U.P.

BAIL/42191/2024 · 2025-08-13

Ashutosh Srivastava

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Judgment text

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Neutral Citation No. - 2025:AHC:141390 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42191 of 2024 Applicant :- Mahesh Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Bhushan Singh, Mithilesh Tiwari,Mrityunjay Datta Tiwari,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.,Om Prakash Singh Hon'ble Ashutosh Srivastava, J. Heard Chandra Bhushan Singh, learned counsel for the applicant, Sri Yagvalkya Panday, learned A.G.A for the State-Respondent and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been moved on behalf of accused-applicant seeking enlargement on bail in Case Crime No. 269 of 2024, under Sections 103, 238 of the Bharatiya Nyaya Sanhita, 2023, Police Station- Kaptangang, District- Azamgarh. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 31.08.2024. Learned counsel for the applicant submits that similarly circumstanced co-accused - Aditya Yadav has already been enlarged on bail by this Court as well as by Co-ordinate Bench of this Court on 09.12.2024 in Criminal Misc. Bail Application No. 40209 of 2024. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but could not dispute the fact that similarly circumstanced aforesaid co-accused has already been granted bail by this Court. Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out. Accordingly, the bail application is allowed. Let the accused-applicant, Mahesh Sonkar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in the like amount to the satisfaction of the court concerned, subject to the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not indulge in any criminal activity. 3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicant will appear regularly on each and every date fixed by the trial court, unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail. Order Date :- 14.08.2025 Vinod. (Ashutosh Srivastava, J.) Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad Digitally signed by :- VINOD KUMAR JAISWAL High Court of Judicature at Allahabad