Vinod Sonkar vs State of U.P. Thru. Prin. Secy. Home Lko.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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CRIMINAL MISC. BAIL APPLICATION No. - 11703 of 2025

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Vinod Sonkar

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.....Applicant(s)

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Versus
State Of U.P. Thru. Prin. Secy. Home	Lko. .....Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar Pandey
Counsel for Opposite Party(s)	: G.A.

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Court No. - 15

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HON'BLE KARUNESH SINGH PAWAR, J.

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The present application has been filed by the applicant seeking bail in Crime No. 179 of 2025 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ram Sanehi Ghat, District Barabanki.

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Heard learned counsel for the accused-applicant and learned A.G.A. for the State as well as perused the record.

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Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant, and in that case, he has already been enlarged on bail. The bail order has been filed as Annexure-3 to the bail application. Apart from that case, the applicant has criminal history of 16 cases which has been explained in paragraph 11 of the bail application. In all the cases the applicant have been granted bail.

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It is also submitted that the applicant is in custody since 30.4.2025, and in case he is granted the facility of bail, there is no apprehension of his fleeing from the course of justice. He undertakes to abide by all conditions that may be imposed by the Court below and to cooperate in the expeditious conclusion of the trial.

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It is further submitted that co-accused persons namely Shubham

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BAIL No. 11703 of 2025

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2

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Pathak, Satyam Pathak, Durgesh Rawat, Ashish and Jeet Bahadur have already been granted regular bail and anticipatory bail by coordinate Bench Court. He seeks parity with the bail order of Shubham Pathak who has been granted bail vide order dated 16.5.2025 passed in Bail Application No.4194 of 2025.

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It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.

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On due consideration to the facts that in the case mentioned in the gang chart the applicant has been enlarged on bail and apart from the single case he has criminal history of 16 cases which he has explained in paragraph 11 to the bail application; the applicant is languishing in jail since 30.4.2025; charge-sheet has been filed, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed on the ground of parity.

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Let the applicant, Vinod Sonkar involved in the aforesaid case crime number 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 with the following conditions which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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.

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BAIL No. 11703 of 2025

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3

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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

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(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code (Now Section 269 of BNS).

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(vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. (now Section 84 BNSS) is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A IPC (now Section 209 of BNS).

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It is clarified that the observations made in this order are confined to the present bail application and shall have no bearing on the merits of the trial.

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November 25, 2025

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Madhu D.R/P.S

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(Karunesh Singh Pawar,J.)

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Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench

Vinod Sonkar v. State of U.P. Thru. Prin. Secy. Home Lko.

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