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2025 DAILYLAW 83056 (ALL)

SONU KHAN ALIAS RAM v. STATE OF U.P.

BAIL/27063/2025 · 2025-09-10

Krishan Pahal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 27063 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J. 1. List has been revised. 2. Heard Sri Saurabh Pandey, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record. 3. Applicant seeks bail in Case Crime No. 53 of 2015, under Sections 379, 380, 285, 427, 424, 411 of I.P.C. and Section 3/4 of Explosive Substance Act and Section 3/4 of Prevention of Damage to Public Property Act and Section 3/4 of E.C. Act and Sections 15(2)/15(4)/16 of Petroleum and Minerals Pipelines Act, Police Station Manda, District Prayagraj, during the pendency of trial. 4. It is submitted by learned counsel for the applicant that similarly placed co-accused person, Saddam Hussain, has already been enlarged on bail by the another Bench of this Court vide order dated 13.01.2016 passed in Criminal Misc. Bail Application No. 34370 of 2015. It is further submitted that since the case of the applicant is at par to the co-accused, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. The applicant is languishing in jail since 06.05.2025, having no criminal history. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with trial. 5. The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspects of parity to the co-accused and of no criminal history of the applicant, have not been disputed by him. 6. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, evidence on record, pending trial and in the light of the judgement passed by this Court in Nanha S/o Nabhan Kha vs. State of U.P., 1993 Crl.L.J. 938 and the judgement passed by the Supreme Court in Paras Ram Vishnoi vs. The Director, Central Bureau of Investigation, MANU/SCOR/22410/2021 coupled with the judgement of Supreme Court passed in Satender Kumar Antil vs. Central Bureau of Investigation and another reported in (2022) 10 SCC 51, without expressing any opinion on the merits of the case, the Court is of the view that the applicant is entitled to be released on bail in this case. The bail application is allowed on the ground of parity. Versus Counsel for Applicant(s) : Akhand Pratap Singh, Saurabh Pandey Counsel for Opposite Party(s) : G.A. Sonu Khan Alias Ram .....Applicant(s) State of U.P. .....Opposite Party(s) 7. Let the applicant- Sonu Khan alias Ram, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. i) The applicant shall not tamper with the evidence during trial. ii) The applicant shall not pressurise/intimidate with the prosecution witnesses. iii) The applicant shall appear before the trial court on the date fixed. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. (Krishan Pahal,J.) September 11, 2025 Sumit S BAIL No. 27063 of 2025 2 Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad