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2025 DAILYLAW 198701 (ALL)

CHANDRAKANT SONKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/8705/2025 · 2025-10-10

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 8705 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.129 of 2025, under Sections 108, 115(2), 238 B.N.S., P.S. Itiyathok, District Gonda. 3. Learned counsel for the applicant argues that in terms of FIR it was alleged that the daughter of the informant was beaten by the applicant who is the father. It is stated that the daughter was aged about 15 years and subsequently on account of beating she committed suicide. In view of the said the applicant is being prosecuted under Section 108 BNS. Considering the allegations in the FIR there is no material to suggest abetment as defined under the BNS to link the applicant with the offence considering the law laid down by Hon'ble Supreme Court in the case of Mariano Anto Bruno and Anr vs Inspector of Police, 2022 Livelaw (SC) 834. 4. Learned AGA has opposed the bail application. 5. Considering the facts and circumstances, however, without commenting upon the merits of the case, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Chandrakant Sonkar be released on bail in aforesaid FIR number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the Versus Counsel for Applicant(s) : Rajeev Kumar Mishra Rudra Counsel for Opposite Party(s) : G.A. Chandrakant Sonkar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) 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. October 10, 2025 J. K. Dinkar BAIL No. 8705 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench