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2025 DAILYLAW 74324 (ALL)

SONKARAN YADAV AND ANOTHER v. STATE OF U.P.

BAIL/24725/2025 · 2025-09-14

Ashutosh Srivastava

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 24725 of 2025 Court No. - 66 HON'BLE ASHUTOSH SRIVASTAVA, J. Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard Shri D.K.Ojha, learned counsel for the applicants, Shri Purshottom Maurya, learned AGA for the State, Shri Sanjay Kumar, learned counsel for the first informant and perused the record. This bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been moved on behalf of accused-applicants, Sonkaran Yadav and Umakant Yadav, seeking enlargement on bail in Case Crime No. 48 of 2025, under Sections 191 (2), 105, 115 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Bara, District Prayagraj. Learned counsel for the applicants argued that the accused-applicants are innocent. They have been falsely implicated in this very case crime number and are languishing in jail since 17.5.2025. Learned counsel for the applicants submits that FIR has been lodged with omnibus allegations. The cause of death was reported to septicemic shock due to infection in both lungs. The doctor in his statement has said that there was infection in both lungs of the deceased and he was suffering from some ailment of lungs. Learned counsel for the applicants submits that co-accused Anirudh Yadav has already been enlarged on bail by co-ordinate Bench of this Court on 3.9.2025 in Crl. Misc. Bail Application No. 27081 of 2025. Applicant No. 1 Versus Counsel for Applicant(s) : D.K.Ojha, Vikas Kumar Ojha Counsel for Opposite Party(s) : Bhupendra Singh, G.A., Kamlesh Kumar Yadav, Kuldeep Kumar, Sanjay Kumar Sonkaran Yadav And Another .....Applicant(s) State of U.P. .....Opposite Party(s) has history of four criminal cases whereas applicant No. 2 has history of three criminal cases, which have sufficiently been explained and there is no likelihood of their fleeing from course of justice or tampering with evidence in case of release on bail. Hence, bail has been prayed for. Learned AGA as well as learned counsel for the first informant have vehemently opposed the prayer for bail. 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-applicants, Sonkaran Yadav and Umakant Yadav, involved in above mentioned case crime number be released on bail, on their 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 applicants will not tamper with the evidence. 2. The applicants will not indulge in any criminal activity. 3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial. 4. The applicants will appear regularly on each and every date fixed by the trial court, unless their personal appearance are 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 their bail. September 15, 2025 Ravi Prakash BAIL No. 24725 of 2025 2 (Ashutosh Srivastava,J.) Digitally signed by :- RAVI PRAKASH High Court of Judicature at Allahabad