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2025 DAILYLAW 21792 (ALL)

SONU KATHERIYA v. STATE OF U.P.

BAIL/6375/2025 · 2025-05-15

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81189 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6375 of 2025 Applicant :- Sonu Katheriya Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Yadav Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Om Prakash Yadav, learned counsel for the applicant and Shri Manoj Kumar Singh, learned AGA for the State- respondents and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused- applicant, Sonu Katheriya, seeking enlargement on bail in Case Crime No. 475 of 2024, under Sections 310 (2), 317(3) of the Bharatiya Nyaya Sanhita, 2023 & Section 3/25/27 & 4/25 of Arms Act, Police Station- Bhamaura, District- Bareilly. Learned counsel for the applicant argued that the accused- applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 15.12.2024. Learned counsel for the applicant submits that the applicant is not named in the FIR. Applicant's name disclosed during investigation. There is no independent witness of the alleged incident. False recovery has been shown from possession of the applicant as there is no independent witness of the alleged recovery. He has no criminal antecedent and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Co-accused Munendra, has been granted bail by this Court in Criminal Misc. Bail Application No. 6375 of 2025, vide order dated 14.05.2025. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail. Considering all above 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 Katheria, 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 :- 16.5.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad