Sonia v. State of U.P.
Case brief
What is this about?
The High Court of Judicature at Allahabad granted bail to the applicant in a case under Sections 108 and 61 B.N.S. The court observed the FIR was lodged belatedly and the ingredients of the offence were not made out, allowing bail.
What did the court decide?
The applicant Sonia shall be released on bail on furnishing a personal bond and two sureties in like amount subject to conditions.
What the court decided
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. BAIL APPLICATION No. - 41442 of 2025
Sonia
.....Applicant(s)
Versus
State of U.P. .....Opposite Party(s) Counsel for Applicant(s) : Harishchandra Yadav, Mayank Chandra, Surya Pratap Singh Counsel for Opposite Party(s) : G.A.
Court No. - 64
HON'BLE VIVEK VARMA, J.
- Heard counsel for the applicant and Sri Nagendra Mishra, learned AGA for the State-opposite party. Perused the material available on record.
- The present bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No.226 of 2025, under Sections 108, 61, 3(5) B.N.S., Police Station- Gagalhedi, District- Saharanpur, during the pendency of the trial.
- Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 04.09.2025. The first information report was lodged on 06.09.2025. The delay is fatal to the prosecution case. Initially the first information report was lodged under Sections 103(1) and 61 B.N.S. During the course of investigation, the Section 103(1) B.N.S. was deleted and Sections 108 and 3(5) B.N.S. have been added. According to the postmortem report, cause of death is asphyxia due to antemortem hanging. Viscera was preserved and sent for chemical analysis. F.S.L. report is not the part of the case diary. Further, as per the allegations in the first information report and the material collected during the course of investigation, the necessary ingredients to constitute the offence under Section 108 B.N.S. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the cases of Nipun Aneja and others vs. State of Uttar Pradesh (Criminal Appeal No.654 of 2017) decided on 03.10.2024 and Abhinav Mohan Delkar vs. The State of Maharashtra and others (Criminal Appeal Nos.2177-2185 of 2024 ) decided on 18.08.2025 . Investigation has been completed. Charge sheet has
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given the belated filing of the first information report and lack of evidence to constitute the offence under Section 108 B.N.S.
If there exists any reasonable apprehension that the applicant, if enlarged on bail, would tamper with evidence or intimidate witnesses.
Parties & counsel
- applicant
Sonia
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- BAIL/41442/2025
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