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2025 DAILYLAW 68420 (ALL)

SONU v. STATE OF U.P.

BAIL/21865/2025 · 2025-07-08

Ashutosh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108853 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21865 of 2025 Applicant :- Sonu Opposite Party :- State of U.P. Counsel for Applicant :- Raghuvansh Misra Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Ashwani Tripathi, holding brief of Sri Raghuvansh Misra, learned counsel for the applicant and Sri Ajay Singh, learned AGA for the State. 2. The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 476 of 2024, under Sections 238, 103(1), 3(5), 248(B) B.N.S., Police Station Civil Lines, District Rampur during pendency of the trial. 3. Learned counsel for the applicant submits, even mother of the deceased during trial did not support the prosecution case and has been declared hostile, therefore, now even no evidence of extra judicial confession is left against the applicant and co-accused person. He further submits, statement of the mother of the deceased i.e. informant of the case recorded before the trial court has been annexed along with instant bail application. He further submits, applicant is not having any criminal history and in the present matter he is in jail since 19.10.2024. 4. Per contra, learned AGA opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 5. I have heard learned counsel for the parties and perused the record of the case. 6. The applicant is not having any criminal history and in the present matter he is in jail since 19.10.2024. It is further submitted that on the similar footing the co-accused Brijpal Alias Banti has been granted bail by the Court vide order dated 28.05.2025 passed in Criminal Misc. Bail Application No. 18402 of 2024, therefore, the applicant is also entitled to be released on bail. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 7. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 8. Let the applicant Sonu, 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. 9. 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. 10. 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 :- 9.7.2025 pks Digitally signed by :- PAWAN KUMAR SINGH High Court of Judicature at Allahabad