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2025 DAILYLAW 162276 (ALL)

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

BAIL/8355/2025 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8355 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Kaushal Kishore Tewari, the learned counsel for the applicant as well as Sri Mohd. Asif Khan, the learned A.G.A.-I for the State and perused the record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 65 of 2024, under Sections 109 B.N.S and 2/3 of Arms Act, registered at Police Station Kotwali Jarwa, District Balrampur. 3. The aforesaid case has been registered on the basis of F.I.R. lodged by the Station House Officer of Police Station Jarwa on 17.11.2024 against three persons including the applicant, stating that on the basis of information received from a mukhbir, some persons sitting in a Waganor Car were doing recce of houses, the police intercepted the vehicle. The person driving the vehicle fired at the police. The police also fired retaliatory shots, one of which hit the person driving the vehicle and other two persons sitting in a vehicle escaped. 4. The injured person, who was arrested was co-accused Bracchraj and on the basis of his statement, the applicant and another person Raj Kumar were implicated. 5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in 11 other criminal cases has been disclosed in para 18 of the affidavit and his involvement in three other criminal cases has been disclosed by filing a supplementary affidavit. 6. The learned counsel for the applicant has submitted that co-accused Bracchraj has been granted bail by means of an order dated 05.03.2025 Versus Counsel for Applicant(s) : Kaushal Kishore Tewari, Shakti Counsel for Opposite Party(s) : G.A. Sonelal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) passed by the Coordinate Bench of this Court in Criminal Misc. Bail Application No. 151 of 2025. Another co-accused Raj Kumar has also been granted bail by means of an order dated 25.04.2025 passed by another Coordinate Bench of this Court in Criminal Misc. Bail Application No. 2573 of 2025. 7. The learned A.G.A.-I has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the person against whom the allegation of firing has been levelled, has already been granted bail and the other person, whose case is similar to that of the applicant, has also been granted bail whereas the applicant is languishing in jail since 18.12.2024, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail. 9. Accordingly, this bail application stands allowed. 10. Let the applicant- Sonelal be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the 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. September 8, 2025 Preeti. BAIL No. 8355 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench