Sonu and Another v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 13005 of 2025 Court No. - 67 HON'BLE KRISHAN PAHAL, J.

¶1List has been revised.

¶2Heard Sri Manas Tripathi, learned counsel for the applicants and Sri Ravi Prakash Mishra, holding brief of Sri Sushil Kumar Dwivedi, learned counsel for the informant as well as Sri Pankaj Kumar, learned A.G.A for the State and perused the record.

¶3Applicants seek bail in Case Crime No. 006 of 2025, under Sections 115(2), 118(1), 118(2), 131, 351(2), 352 of BNS, Police station-Niavadi, District Ghaziabad during the pendency of trial.

¶4Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the said offence.

¶5Learned counsel has next stated that there are general and omnibus allegations against all the four accused persons. Two accused persons, who happens to be father and mother of the applicants, have been exonerated by the police and the closure report has been filed qua them. Only one injury has been observed on the metacarpal of the injured person which is not a fatal part of the body.

¶6The criminal history assigned to applicant no.1 has been explained. The applicants are languishing in jail since 20.02.2025 and they are ready to Versus Counsel for Applicant(s) : Abhishek Tripathi, Ajeet Kumar Pandey, Akhilesh Kumar Mishra, Anuj Srivastava, Manas Tripathi Counsel for Opposite Party(s) : Sushil Kumar Dwivedi, G.A. Sonu And Another .....Applicant(s) State of U.P. .....Opposite Party(s) cooperate with trial. In case, the applicants are released on bail, they shall not misuse the liberty of bail.

¶7Learned A.G.A. has vehemently opposed the bail application.

¶8Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record and without expressing any opinion on the merit of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

¶9Let the applicants-Sonu and Gaurav @ Sandeep, who are involved in aforementioned case crime be released on bail on their 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 applicants shall not tamper with the evidence during trial.

ii) The applicants shall not pressurise/intimidate with the prosecution witnesses.

iii) The applicants shall appear before the trial court on the date fixed.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 26, 2025 Sumit S BAIL No. 13005 of 2025 (Krishan Pahal,J.) High Court of Judicature at Allahabad