Allahabad High Court
VIVEK SONKARversusSTATE OF U.P.
- Decided
- Bench
- ASHUTOSH SRIVASTAVA
Holding
The court granted bail to the accused, subject to bond, sureties, and specified conditions.
Summary
The High Court of Allahabad considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused Vivek Sonkar, who was charged under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023. The applicant claimed innocence, alleged false implication, and argued that he had been in custody since 30 January 2026 with the charge‑sheet filed only on 23 March 2026, contending that no further custodial interrogation was required. The State opposed bail, highlighting the seriousness of the offences, the applicant’s four prior criminal cases, and a prima facie risk of evidence tampering. After weighing the nature of the accusations, the severity of potential punishment, and the possibility of witness intimidation, the court found that a case for bail existed despite not commenting on the merits. Consequently, the court granted bail subject to a personal bond, two reliable sureties, and conditions prohibiting tampering with evidence, criminal activity, intimidation of witnesses, and mandating regular court appearances.
Issues considered
- Whether bail should be granted to the accused under Sections 309(4) and 317(2) of the Bharatiya Nyaya Sanhita, 2023 considering the seriousness of the offences and the applicant’s criminal antecedents.
- Whether there is a likelihood of the accused fleeing, tampering with evidence, or intimidating witnesses if released on bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Bharatiya Nyaya Sanhita, 2023 — s. 309(4), 317(2)
Subjects
- bail
- criminal procedure
- evidence tampering
- sureties
- presumption of innocence
- court conditions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 13920 of 2026
Vivek Sonkar
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhruwa Mishra, Rashmi Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 68
HON'BLE ASHUTOSH SRIVASTAVA, J.
Heard Ms. Rashmi Srivastava, learned counsel for the applicant, Shri Manoj
Kumar Singh, learned AGA for the State-respondents and perused the
record.
This bail application under Section 483 of Bharatiya Nagarik Suraksha
Sanhita, 2023 has been moved on behalf of accused-applicant, Vivek
Sonkar, seeking enlargement on bail in Case Crime No. 18 of 2026, under
Sections 309(4), 317(2) of the Bharatiya Nyaya Sanhita, 2023, Police
Station Karchhana, District Prayagraj during the pendency of the trial before
the Court below.
Learned counsel for the applicant submits that the accused-applicant is
innocent and has been falsely implicated in the present case crime
number. It is further submitted that the applicant has been in jail since
30.01.2026. Learned counsel contends that the charge-sheet has been
submitted on 23.03.2026. It is also submitted that no custodial
interrogation of the applicant is required at this stage.
Learned counsel further submits that the applicant has a criminal
antecedent of four cases, which are explained in para no. 22 of the bail
application. It is argued that there is no likelihood of the applicant fleeing
from the course of justice or tampering with the evidence in case he is
released on bail. Accordingly, it is prayed that the applicant be enlarged
on bail.
BAIL No. 13920 of 2026
2
Learned AGA has vehemently opposed the prayer for bail.
Considering all above facts and circumstances, the nature of accusations,
severity of the punishment in the case of conviction and nature of supporting
evidence, reasonable apprehension of tampering with the witness and prima
facie, but without commenting on merit of case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the accused-applicant, Vivek Sonkar, 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:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-
operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court,
unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below
will be at liberty to proceed to cancel his bail.
(Ashutosh Srivastava,J.)
May 5, 2026
Vibha Singh
Digitally signed by :-
VIBHA SINGH
High Court of Judicature at Allahabad
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