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2025 DAILYLAW 148547 (ALL)

SONU v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO

BAIL/5979/2025 · 2025-07-04

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37955 Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5979 of 2025 Applicant :- Sonu 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. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. A supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in three cases mentioned in the gang chart. In those three cases, he has been released on bail. The bail orders are on record as Annexure No. 3 to 5 to the bail application. Apart from the cases mentioned in the gang chart, there are 18 other cases of trivial nature pending against the accused applicant. He has explained criminal history of those 18 cases in the supplementary affidavit. Learned counsel for the applicant submits that the co-accused Naresh @ Ramnaresh Sonkar, Nanku @ Lala @ Ram Kumar and Nanke who were assigned the similar role have been enlarged on bail by this Court vide orders dated 02.07.2025, 17.06.2025 and 16.06.2025 passed in criminal misc. bail application Nos. 5934 of 2025, 5424 of 2025 and 5378 of 2025. Learned counsel for the applicant seeks parity with the order of the co-accused. It has been further submitted that applicant is in jail since 30.05.2025 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co- operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. On due consideration to the fact that in three cases mentioned in the gang chart, he has been enlarged on bail; apart from those three cases, there are 18 cases against the applicant which has been explained in the supplementary affidavit; co-accused Naresh @ Ramnaresh Sonkar, Nanku @ Lala @ Ram Kumar and Nanke as well as considering the fact that the applicant is languishing in jail since 30.5.2025 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. Accordingly, the bail application is allowed on the ground of parity. Let the applicant, Sonu, 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 submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for 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. Order Date :- 4.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench