Allahabad High Court
HARISANKAR @ SONUversusSTATE OF U.P.
- Decided
- Bench
- RAJIV LOCHAN SHUKLA
Holding
The Court granted bail to the applicant, finding that a prima facie case for bail existed.
Summary
The High Court considered a bail application filed by Harisankar (Sonu), who had been in custody since 3 February 2026 in a case (Crime No. 29 of 2026) under Sections 109(1), 61(2) and 3(5) of the B.N.S. The applicant claimed he was falsely implicated, stating he was the informant and that his wife, the victim, identified another accused, Gagan, as the shooter. The State opposed bail, alleging a conspiracy by the applicant to have his wife killed, but could not dispute his lack of prior criminal record. The Court noted that a charge‑sheet had been filed, no further custodial interrogation was required, and the applicant posed no flight or tampering risk. Considering the facts, the period of detention, and the likelihood of a prolonged trial, the Court found a prima facie case for bail. Consequently, the bail application was allowed subject to personal bond, sureties and conditions. The order also directed procedural steps for the applicant’s release.
Issues considered
- Whether bail should be granted to the applicant despite allegations of conspiracy to murder his wife
- Whether the filing of a charge‑sheet and absence of further custodial interrogation justify release on bail
- Whether the applicant poses a risk of tampering with evidence, intimidating witnesses, or committing further offences
Legislation cited
- B.N.S. — s. 109(1), 3(5), 61(2)
Subjects
- bail
- criminal procedure
- false implication
- conspiracy
- charge-sheet
- pre‑trial detention
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 11580 of 2026
Harisankar @ Sonu
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Kulveer Singh, Sunil Nagar
Counsel for Opposite Party(s) : G.A.
Court No. - 72
HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, Learned A.G.A. for the State
and perused the record.
2. The instant bail application has been filed with a prayer to release the
applicant on bail in Case Crime No.29 of 2026, under Sections 109(1),
61(2), 3(5) of B.N.S., Police Station- Loni Border, District- Ghaziabad.
3. The Learned counsel for the applicant submits that the applicant has
been falsely implicated in the present case. The applicant is the informant
in the present case. He along with his wife were traveling on a motorcycle
when the wife of the applicant was shot at by masked assailants, who
were two in number. The applicant admitted his wife to the hospital. The
police later on has implicated the applicant in the said case and has
assigned the role of conspiring to get his own wife killed. This allegation
contained in the police investigation is absolutely false. The wife of the
applicant is doing Pairvi on his behalf and she has also sworn her
affidavit in support of the bail application before this Court. The wife of
the applicant has assigned the role of shooting to co-accused viz. Gagan.
The applicant has no criminal antecedents and he is in jail since
3.02.2026.
4. The Learned A.G.A., on the other hand, has opposed the prayer for
grant of bail and has contended that the applicant had hatched the plan of
killing his own wife in the conspiracy of the co-accused. The
investigation is now complete and a charge-sheet has also been filed
BAIL No. 11580 of 2026
2
against the applicant. The Learned A.G.A., however, could not dispute
the fact the applicant has no criminal antecedents.
5. I have considered the submissions made by the Learned counsels for
the parties and perused the material brought on the record.
6. The applicant is stated to be in jail since 3.02.2026. The applicant is the
first informant of the present case. The injured in her statement has given
the specific role of causing gunshot injury to the accused Gagan. The
applicant was also traveling with the injured, who as per statement to the
injured could escape injury because he had ducked. A charge-sheet has
now been filed and the applicant is no longer required for any custodial
interrogation. The applicant has no criminal antecedents.
7. Taking into account all the facts and circumstances of the case, the
period of detention as well as the fact that the trial against the applicant is
not likely to be concluded in the near future, prima facie, a case for bail
is made out.
8. The bail application is allowed.
9. Let the accused-applicant- Harisankar @ Sonu, involved in above
mentioned case crime number be released on bail, on his executing a
personal bond and two reliable sureties each, in the like amount to the
satisfaction of the court concerned, subject to the following conditions:
i. The applicant will not tamper with the evidence.
ii. The applicant will not indulge in any criminal activity.
iii. The applicant will not pressurize/intimidate the prosecution witnesses
and co-operate in the trial.
iv. The applicant will appear regularly on each and every date fixed by the
trial court, unless his personal appearance is exempted by the court
concerned.
10. In the event of breach of any of the aforesaid conditions, the court
BAIL No. 11580 of 2026
3
below will be at liberty to proceed to cancel his bail.
11. It is made clear that the applicant shall be released on the basis of
computer generated copy of this order, downloaded from the official
website of High Court Allahabad and verified by the concerned counsel
with the undertaking that the certified copy will be filed within 15 days.
12. It is further directed that the trial court shall send the release order to
the concerned jail through Bail Order Management System (BOMS) to
ensure early release of the applicant.
13. The observations made hereinabove are exclusively for deciding the
instant bail application and are not to be considered to be an opinion on
the merits of the case.
(Rajiv Lochan Shukla,J.)
May 18, 2026
Sachin
Digitally signed by :-
SACHIN TIWARI
High Court of Judicature at Allahabad
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