NARESH @ RAMNARESH SONKAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO.
BAIL/5934/2025 · 2025-07-02
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148495 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148495 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37298
Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5934 of 2025 Applicant :- Naresh @ Ramnaresh Sonkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Arvind Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record. 2.Learned counsel for the applicant submits that in the gang chart, three cases have been shown against the applicant. In all the three cases, the applicant has been enlarged on bail. The bail orders are annexed with the affidavit filed in support of the bail application as Annexures 3, 4 and 5. Apart from these cases, the applicant has a criminal history of 13 other cases which have been explained in the supplementary affidavit filed today, which is taken on record. The applicant is in jail since 27.5.2025. The co-accused Nanku alias Lala alias Ram Kumar has been granted bail vide order dated 17.6.2025 passed in Bail No.5424 of 2025. It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. 3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. 4.Considering the facts and circumstances of the case, and also considering the nature of allegations, the co-accused Nanku has been granted bail, the applicant has been granted bail in the cases referred to above, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.
5.Let the applicant Naresh alias Ramnaresh Sonkar, involved in Case Crime No.23 of 2025 under Section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Maharajganj Tarai, district Balrampur 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 which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such
facts to the Court or to any police officer or tamper with the evidence. (iv) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail. (vi) The applicant 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. (vii) In case the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. 6.The bail application is allowed accordingly.
Order Date :- 2.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench