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2025 DAILYLAW 58032 (ALL)

AJAY SONKAR v. STATE OF U.P.

BAIL/16444/2025 · 2025-05-22

Sameer Jain

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88545 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16444 of 2025 Applicant :- Ajay Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Chandra Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ramesh Chandra Yadav, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.532 of 2024, under Sections 3(5), 103(1) and 61(2) BNS, Police Station Bhelupur, District Varanasi during pendency of the trial. 3. Learned counsel for the applicant submits that on the basis of false allegation applicant has been made accused in the present matter along with several others including co-accused Vicky Jaiswal and Satish Sonkar and both the above co-accused persons have have already been released on bail by this Court vide orders dated 19.5.2025 and 17.5.2025 passed in Criminal Misc. Bail Application Nos. 16060 of 2025 and 15827 of 2025 respectively and on facts case of applicant is exactly at par with them. 4. He further submits that even from the record it reflects that co- accused Vishal Sonkar was the principal accused,who by causing fire arm injury committed the murder of the deceased. 5. He further submits that applicant is not having any previous criminal history and in the present matter he is in jail since 21.4.2025. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. Considering the argument advanced by the learned counsel for the applicant and the fact that similarly placed two co-accused Vicky and Satish Sonkar have already been released on bail by this Court and co-accused Vishal Sonkar appears to be principal accused, who by causing fire arm injury committed the murder of the deceased and applicant is not having any previous criminal history and in the present matter he is in jail since 21.4.2025, in my view, applicant is entitled to be released on bail. 8. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 9. Let the applicant-Ajay 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 the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 10. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 11. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 23.5.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad