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2025 DAILYLAW 15180 (ALL)

SONU v. STATE OF U.P.

BAIL/4172/2025 · 2025-04-29

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67756 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4172 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, Sri Arimardan Yadav, learned AGA for the State-Respondent and perused the record. This bail application has been moved on behalf of accused- applicant seeking enlargement on bail in Case Crime No. 195 of 2024, under Sections 109(1), 310(4), 310(6), 317(2), 317(4) of the B.N.S. and Sections 3/25/27 of the Arms Act, Police Station Bhopa, District Muzaffar Nagar. Learned counsel for the applicant argued that the accused- applicant is innocent and he has been falsely implicated in this case crime number. Learned counsel for the applicant submits that the allegation against the applicant is that while the Police Party was on routine checking of vehicles, the accused applicant along with other accused persons directed to stop but they did not stop rather they opened fire on the Police Team. Consequently, the accused applicant was apprehended by the Police and other co- accused escaped from the clutches of the Police. During the investigation, 4 Pistols 315 Bore and a number of live bullets were recovered from the possession of the accused applicant. He submits that there is no independent witness of the alleged incident. Learned counsel submits that it is a no injury case and false recovery memo has been prepared by Police against the applicant. He submits that in the present case, charge-sheet has been filed and the applicant is not required for any custodial interrogation. The applicant has criminal antecedents of 36 cases, which has been explained in the supplementary affidavit. He submits that the applicant is languishing in jail since 07.08.2024 and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, the bail has been prayed for. Learned counsel for the AGA has vehemently opposed the prayer of bail but could not dispute the submissions raised by the learned counsel for the applicant. Considering all those 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, Sonu, 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 :- 30.4.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad