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Neutral Citation No. - 2025:AHC:36128 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8645 of 2025 Applicant :- Sajan Sonkar Alias Sajjan Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Shri Rajiv Chowdhury, learned counsel for the applicant and Shri Vijendra Kumar, 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 Sajan Sonkar @ Sajjan Sonkar, seeking enlargement on bail in Case Crime No. 404 of 2024, under Section 109 B.N.S. Police Station-Bhelupur, District-Varanasi.
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 01.10.2024.
Learned counsel for the applicant submits that the First Information Report has been lodged on 29.09.2024 against two named persons including the applicant with the allegation that the applicants told the injured that they will shoot him and thereafter the applicant opened fire upon the applicant which hits the palm of the injured Tarun. Learned counsel for the applicant submits that the injury is on non vital part of the body. Criminal history of three cases has been explained in paragraph nos. 3 to 5 of the supplementary affidavit and there is no likelihood of his fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts. 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, Sajan Sonkar @ Sajjan Sonkar, 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 :- 12.3.2025 Deepak/ Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad