Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:111853 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7644 of 2025 Applicant :- Sonu Urf Tona Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Pathak Counsel for Opposite Party :- Jitendra Pal Singh Jadaun,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sanjay Pathak, learned counsel for the applicant, Sri Jitendra Pal Singh Jadaun, learned counsel for the informant, Sri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0174 of 2024, registered under Sections 147, 149, 341, 323, 504, 506, 427, 452, 325, 307 I.P.C., Police Station- Harduaganj, District- Aligarh, during the pendency of the trial. 3. Contention of learned counsel for the applicant is that this is the second bail application of the applicant. The first bail application was rejected by a coordinate Bench of this Court vide order dated 05.08.2024 passed in Criminal Misc. Bail Application No. 24455 of 2024. It is further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. 8 persons are named in FIR and they have been made accused for assaulting the injured with lathi and danda in which 3 persons received injuries. Injuries received by injured are simple in nature. It is further submitted that the co-accused, Veeresh Urf Choutha, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 08.04.2025 passed in Criminal Misc. Bail Application No. 11358 of 2025 and, therefore, the applicant is also entitled to be released on bail on the ground
of parity. It is further submitted that till date, charge has not been framed and trial may take time to conclude. It is also submitted that the applicant was also released on anticipatory bail till submission of charge sheet by the court below. He is languishing in jail since 19.05.2024. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings. 4. Learned counsel for the informant and learned A.G.A. have opposed the prayer for bail but could not dispute the fact that applicant has parity with the co-accused who has already been released on bail. 5.
Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail on the ground of parity.
6. Let the applicant- Sonu Urf Tona, involved in the aforementioned crime 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, with the following conditions:- i. 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. ii. The applicant shall cooperate in the trial/investigation sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
iv. The applicant shall attend in accordance with the conditions of the bond executed by him.
7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 11.7.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad