Sunny Rawat vs State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. — Allahabad HC (2026) — LawSathi Research

Sunny Rawat vs State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Sunny Rawat @ Kaliya to be released on bail in Case Crime No. 41 of 2026 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not to tamper with the prosecution evidence; (ii) not to pressurize the prosecution witnesses; (iii) to appear on each and every date fixed by the trial Court, personally or through counsel; the trial court may impose any other conditions it deems fit and proper.

Issue for consideration

Whether the applicant Sunny Rawat @ Kaliya, involved in Case Crime No. 41 of 2026 under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Bijnaur, District Lucknow, should be enlarged on bail. +1 more

Court's answer

Considering that the applicant is in jail since 10.3.2026 and his criminal history has been duly explained, and without expressing any opinion on the merits of the case, the Court found it a fit case for enlarging the applicant on bail.

Ratio / Principle

Bail application allowed; the applicant to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to conditions: (i) not to tamper with prosecution evidence; (ii) not to pressurize prosecution witnesses; (iii) to appear on each and every date fixed by the trial Court, personally or through counsel.

Key takeaways

Learned counsel for the applicant permitted to carry out necessary amendments in the memo of bail application to correct the applicant's name during the course of the day.ratio¶¶13
The observations made in the order are confined to the present bail application and shall have no bearing on the merits of the trial.obiter¶¶26

Detailed headnote1 paragraphs

Bail — first bail application — applicant Sunny Rawat @ Kaliya involved in Case Crime No. 41 of 2026 under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Bijnaur, District Lucknow — in jail since 10.3.2026 — previous criminal history of 14 cases duly explained — submission that applicant not named in FIR, no independent witness of alleged recovery, no test identification parade — A.G.A. opposed but could not dispute the facts — without expressing any opinion on the merits, held a fit case for bail — bail granted on personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence, no pressurizing prosecution witnesses, appearance on every date fixed by the trial Court personally or through counsel) — observations confined to the bail application, no bearing on merits of trial — leave to amend memo of bail application to correct applicant's name as 'Sunny Rawat @ Kaliya'.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL MISC. BAIL APPLICATION No. - 3155 of 2026

Sunny Rawat @ Kaliya

.....Applicant(s)

Versus

State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) Counsel for Applicant(s) : Prashant Srivastava, Dharmpal Singh Yadav Counsel for Opposite Party(s) : G.A.

Court No. - 28

HON'BLE RAJEEV BHARTI, J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This is first bail application filed on behalf of the applicant who is involved in Case Crime No. 41 of 2026, under Sections 305(a), 331(4), 317(2) B.N.S., Police Station Bijnaur, District Lucknow.

At the very outset, learned counsel for the applicant submits that due to inadvertence, the name of the applicant has wrongly been mentioned in the memo of bail application as Sunny Rawat, while his name is Sunny Rawat @ Kaliya.

Accordingly, learned counsel for the applicant is permitted to carry out necessary amendments in the memo of bail application during course of the day.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He further submits that the applicant is not named in the FIR. There is no independent witness of the alleged recovery. No test identification parade has been conducted by the prosecution. It is further submitted that the applicant has

BAIL No. 3155 of 2026

2

previous criminal history of 14 cases which are duly explained in para 21 of the bail application and he is in jail since 10.3.2026. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the prosecution witnesses. He undertakes that in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Having heard learned counsel for the parties and having perused the material available on record and considering the fact that the applicant is in jail since 10.3.2026; his criminal history has duly been explained and without expressing any opinion on the merits of the case, this Court is of the view that it is a fit case for enlarging the applicant on bail.

Accordingly, the bail application is allowed .

Let the applicant- Sunny Rawat @ Kaliya involved in the aforesaid case crime number be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial Court, either personally or through his counsel.

Any other condition(s) which the trial court/concerned court may deem fit and proper, in the circumstances of the case, may also be imposed.

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.

(Rajeev Bharti,J.)

May 1, 2026

Shravan

Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench