Neutral Citation No. - 2025:AHC:121135 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23507 of 2025 Applicant :- Sanjay Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record. By means of this bail application, applicant Sanjay Sonkar, who is involved in Case Crime No. 30 of 2025, under Sections 109, 115(2), 125, 351(2), 352 BNS, police station Kotwali Sahar, district Mirzapur seeks enlargement on bail during the pendency of trial. As per prosecution case, in brief, complainant Aarti Sonkar got a first information report lodged on 19.02.2025 with regard to an incident which took place on 18.02.2025 for the alleged offence under Sections 115(2), 352, 351(2) BNS against the applicant Sanjay Sonkar and his brother Vinod Sonkar stating inter alia that on 18.02.2025 at about 09:25 PM, her mother Sunita Devi was sitting in her shop. The applicant Sanjay Sonkar and Vinod Sonkar, who were drunk, came at her shop and started abusing. On forbidding them, they hit brick on her head which was lying nearby. It is contended by learned counsel for the applicant that the applicant and co-accused Vinod Sonkar are real brothers. They run a fruits and vegetables shop on a cart. The complainant's mother Sunita Devi got fruits and vegetables from them before the festival of Holi and sold them at her shop. When the applicant and co-accused Vinod Sonkar asked for the money from the complainant's mother, she refused to give money and threatened that if they will ask for the money again and again, the result would not be good. Much emphasis has been given by contending that to usurp their money, she implicated the applicant and his brother Vinod Sonkar in a false case. It is also pointed out that co-accused Vinod Sonkar has been granted bail by the coordinate Bench of this Court vide order dated 06.05.2025 passed in Criminal Misc. Bail Application No. 15074 of 2025, hence the applicant, who is languishing in jail since 16.03.2025 and has no criminal history to his credit, may be enlarged on bail. Per contra, learned A.G.A. for the State opposed the prayer for bail of the applicant by contending that allegation of the complainant is corroborated from the medical examination report dated 20.02.2025 of Smt. Sunita Devi. The offence is serious in nature, hence bail application of the applicant is liable to be rejected. Having heard learned counsel for the parties and examined the matter in its entirety, I find that in the first information report as well as in the statement of the injured Sunita Sonkar, it is stated inter alia that accused persons hit on her head with brick whereby she received injuries. On perusal of the injury report, I find that only one stitched wound over left side of temporal region of the injured was found and rest 04 injuries are in the nature of complaint of pain. The injuries are simple in nature caused by hard and blunt object and are about two days old. In the x-ray report, no abnormality has been detected in the skull of the injured. I also find that injured has received only one injury on her head and it has not been specified that out of two accused persons, who has caused the said injury. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court is of the opinion that the applicant has made out a prima facie case for bail. Hence, the bail application is hereby allowed. Let the applicant Sanjay Sonkar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That 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. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 23.7.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad