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2025 DAILYLAW 16116 (ALL)

MUNNA LAL SONKAR v. STATE OF U.P.

BAIL/4638/2025 · 2025-03-03

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:30623 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4638 of 2025 Applicant :- Munna Lal Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Swati Agrawal Srivastava Counsel for Opposite Party :- Chandra Shekhar Mishra,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State-opposite party and Sri Chandra Shekhar Mishra, counsel for the informant. Perused the record. 2. The instant bail application under Section 483 B.N.S.S. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.134 of 2023 under Section 395 I.P.C., Police Station- Kaudhiyara, District- Prayagraj, during the pendency of the trial. 3. Counsel for the applicant submits that earlier the applicant was granted bail under Sections 147, 149, 307, 403, 120B of I.P.C., Police Station- Kaudhiyara, District- Prayagraj, vide order dated 21.01.2025 passed by this Court in Criminal Misc. Bail Application No. 43872 of 2024. During the course of investigation, Section 395 I.P.C. was added by the Investigating Officer. The applicant seeks bail in the added section. It is contended that the applicant has been falsely implicated in the present case. No recovery was made from the applicant. The applicant does not have any criminal history and is in jail since 4.10.2024. He further submits that for the reasons stated in the order dated 21.01.2025, the applicant is entitled to be enlarged on bail in added section as well. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record. 5. Having heard counsel for the parties and having perused the record this Court prima facie finds that earlier the applicant was granted bail under Sections 147, 149, 307, 403, 120B of I.P.C., Police Station- Kaudhiyara, District- Prayagraj, vide order dated 21.01.2025 passed by this Court. The applicant has no criminal antecedents. Further, the applicant has remained confined for almost five 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail. 6. Let the applicant- Munna Lal Sonkar, involved in aforesaid case 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 subject to the conditions that he: (i) shall appear on the date fixed by the trial court; (ii) shall not tamper with the prosecution evidence; (iii) shall not pressurize the prosecution witnesses. 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 :- 4.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad