Paras Lal Sonkar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Paras Lal Sonkar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Bail granted to applicant Paras Lal Sonkar in Case Crime No. 246 of 2021: release on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned (sureties to be verified before release order), subject to conditions of no tampering with prosecution evidence/intimidation of witnesses, sincere cooperation in trial without adjournments, and no criminal activity after release; breach of any condition to be a ground for cancellation of bail.

Issue for consideration

Whether applicant Paras Lal Sonkar should be released on bail in Case Crime No. 246 of 2021 (Sections 147, 148, 308, 323, 504, 506, 427 I.P.C., Police Station Jhunsi, District Prayagraj) during pendency of the trial. +1 more

Court's answer

Considering the entire facts and circumstances, the submissions of counsel, the nature of the offence, the evidence and the complicity of the accused, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. (S.L.P.(Crl.) No. 5191 of 2021), the Court held that the applicant had made out a case for bail and allowed the bail application.

Ratio / Principle

Release ordered on furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with sureties verified before issuance of the release order, subject to three conditions: (i) no tampering with prosecution evidence or intimidation/pressurising of witnesses during investigation or trial; (ii) sincere cooperation in the trial without seeking adjournments; (iii) no indulgence in criminal activity or commission of any crime after release; breach of any condition shall be a ground for cancellation of bail.

Key takeaways

In taking the decision the Court expressly refrained from expressing any opinion on the merits of the case.obiter¶11

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 67; Deepak Verma, J.; order dated 7.4.2025) allowed Criminal Misc. Bail Application No. 11292 of 2025 and granted bail to applicant Paras Lal Sonkar in Case Crime No. 246 of 2021 (Sections 147, 148, 308, 323, 504, 506, 427 I.P.C., Police Station Jhunsi, District Prayagraj), pending trial. Per the FIR, five persons including the applicant allegedly assaulted the informant, who sustained six injuries, all simple except injury no. 6, referred for X-ray and found on supplementary medical report to be a fracture on the left side of the parietal bone; counsel contended the author of that injury is unknown and that neither the FIR nomination nor the statement of the injured/informant casts the applicant as principal offender, only a vague and general role having been assigned to him. Bail was sought on parity with co-accused Pawan Sonkar, bailed by a coordinate Bench of this Court on 16.11.2023; learned A.G.A. opposed the prayer but could not dispute the parity. Applicant in custody since 03.03.2025. Keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. & Another (S.L.P.(Crl.) No. 5191 of 2021) and expressly withholding any opinion on the merits, the Court held a case for bail was made out and directed release on a personal bond and two sureties each in the like amount (sureties to be verified before the release order), imposing conditions against tampering with evidence or intimidating witnesses, requiring sincere cooperation in trial without adjournments and abstention from criminal activity, breach of any condition to be ground for cancellation of bail.

Neutral Citation No. - 2025:AHC:49344

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11292 of 2025

Applicant :- Paras Lal Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Keshari Nath Tripathi,Ratnesh Kumar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Ratnesh Kumar Yadav, learned counsel for the applicant, Sri Akash Yadav, learned counsel for the informant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 246 of 2021, registered under Sections 147, 148, 308, 323, 504, 506, 427 I.P.C., Police Station Jhunsi, District Prayagraj, during pendency of the trial.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. As per FIR, five persons including applicant are alleged to have assaulted the informant. As per medical report the informant sustained six injuries. All the injuries, except injury no.6, are simple in nature. The injury no. 6 was referred for X-ray examination. As per supplementary medical report, the said injury is a fracture on left side of parietal bone. It is contended that the author of the said injury is not known. Even in the statement of the injured/informant the applicant has not been nominated as principal offender, who caused the said injury. A vague and general role has been assigned to the applicant. Applicant claims parity with co-accused, Pawan Sonkar, who has been granted bail by coordinate Bench of this Court vide order dated 16.11.2023. The applicant is languishing in jail since 03.03.2025. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

Learned AGA has opposed the prayer for bail of the applicant but could not dispute applicant's parity with co-accused.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without

expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Paras Lal Sonkar, who is involved in the aforesaid 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 prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

Order Date :- 7.4.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad