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2025 DAILYLAW 164047 (ALL)

RATNESH SONKAR v. THE STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

BAIL/8700/2025 · 2025-09-15

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8700 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shishir Pradhan, learned counsel for the applicant, Smt. Shikha Sinha, learned Additional Government Advocate-I for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0324 of 2025, under Sections 319(2), 318(4), 336(3), 338, 340(2) B.N.S., registered at Police Station Kotwali Nagar, District Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 09.07.2025 against five persons including the applicant stating that the applicant had got a forged sale deed executed in favour of complainant on 24.03.2025. The F.I.R. further states that the applicant got various amounts transferred by the complainant to the bank accounts of the persons known to him on various dates between 24.03.2025 and 12.05.2025 totalling to Rs.2,42,000/-. The informant has requested that her money should be refunded to her. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in six other cases has been disclosed in para 12 of the affidavit filed in support of the bail application in five of which the applicant has already been granted bail and in sixth case his bail application is pending. 5. The learned Additional Government Advocate-I appearing on behalf of the State has opposed the prayer for bail and she has submitted that the Versus Counsel for Applicant(s) : Shishir Pradhan Counsel for Opposite Party(s) : G.A. Ratnesh Sonkar .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) investigation of the case is still pending. 6. The learned counsel for the applicant has submitted that although the F.I.R. alleges payment of various amounts after 24.03.2025, the sale deed a copy whereof has been annexed with the bail application categorically mentions that the entire sale consideration has been received by the seller prior to execution thereof on 24.03.2025. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is not the executant of the sale deed and the only allegation against the applicant is that he had hatched the conspiracy for commission of offence; the F.I.R. states that various amounts were transferred by the complainant after execution of sale deed on 24.03.2025 till 12.05.2025, whereas the sale deed states that the entire sale consideration has been paid prior to execution of sale deed on 24.03.2025; that the applicant is languishing in jail since 16.06.2025 and the investigation still remains inconclusive and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 8. Accordingly, this bail application stands allowed. 9. Let the applicant-Ratnesh Sonkar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to 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, unless his appearance is exempted by the learned trial court. September 15, 2025 Ram. BAIL No. 8700 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench