Neutral Citation No. - 2025:AHC:32338 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43222 of 2024 Applicant :- Sonu Singh Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra,Ravi Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Pankaj Kumar, learned A.G.A. for the State. 2. The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No.374 of 2024, under Sections 504, 506, 386, 341, 307, 120-B I.P.C., Police Station- Nawabganj, District- Prayagraj, during pendency of the trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 10.05.2024. The first information report was lodged on 29.08.2024. The delay is fatal to the prosecution case. In the alleged incident no person received any injury. In the first information report and in the statement of the informant there is no allegation regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security. The necessary ingredients to constitute the offence of extortion are not made out. In support of his submissions reliance has been placed on the judgement of the Hon'ble Supreme Court in the case of Isaac Isanga Musumba and others vs. State of Maharastra and others (2014) 15 SCC 357. Further, co-accused Mohd. Muzaffar has been granted bail by this Court vide order dated 05.03.2025 passed in Criminal Misc. Bail Application No.7648 of 2025 (Mohd. Muzaffar vs. State of U.P.). The criminal history of the applicant has been explained in paragraph nos. 20 to 24 of the bail application. The applicant is in jail since 05.08.2024. In case he is enlarged on bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having heard counsel for the parties and having perused the record, this Court prima facie finds that the first information report has been lodged belatedly. No person received any injury in the alleged incident. In the first information report and in the statement of the informant there is no allegation regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security. Co-accused Mohd. Muzaffar has been granted bail by this Court. At this stage there is no substantive evidence against the applicant. Further the applicant has presently remained confined almost seven months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant, Sonu Singh Yadav involved in the aforesaid case be released on bail on his furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court. 7. In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 5.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad