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2025 DAILYLAW 137477 (ALL)

JACKY SONKAR v. THE STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME

BAIL/3649/2025 · 2025-04-30

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24703 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3649 of 2025 Applicant :- Jacky Sonkar Opposite Party :- The State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Counsel for Applicant :- Zeeshan Alvi,Syed Zainul Hasan,Ujjwal Maurya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Zeeshan Alvi, learned counsel for the applicant, Ms. Nikita Mishra, learned Additional Government Advocate for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 022 of 2025, under Sections 103(1), 3(5), 61(2) B.N.S., registered at Police Station Wazirganj, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.01.2025 against six named accused persons, including the applicant and some unknown persons stating that the co-accused Ayush had called his son at about 10.30 p.m. but he did not come back. His dead body was found in the river on 24.01.2025. His rickshaw was parked outside Hanmant Dham. It came to light from the CCTV footage of the camera installed at the Hanmant Dham temple that the co-accused Ayush had gone inside the temple with the deceased. The informant stated that all the accused persons had killed his son. Some persons present on the spot told that several persons riding motorcycles had come there on the date of the incident. Ayush was seen running away in the CCTV footage. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. 5. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and she has submitted that the applicant is involved along with several other co-accused persons in killing of a young man. She has submitted that the involvement of the applicant in commission of offence has been established during investigation and a charge sheet has been submitted against four accused persons, including the applicant on 28.03.2025. 6. In response to a question put by the court, the learned A.G.A. has submitted that the applicant was not seen in the CCTV footage and only co-accused persons Ayush and Jatin @ Golu were seen therein. She has further submitted that no specific role has been assigned to the applicant in the statements of any of the persons and the allegation against him is that he is involved in conspiracy for commission of offence. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the F.I.R. merely mentions the name of the applicant without assigning any role in commission of offence by the applicant; that the applicant has no previous criminal history and he is languishing in jail since 26.01.2025 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant- Jacky Sonkar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 30.4.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench