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Allahabad High Court

SONAKSHIversusSTATE OF U.P.

Decided

Holding

The court held that the applicant is entitled to bail during the trial despite the seriousness of the charges.

Summary

The High Court considered a bail application filed by Sonakshi, who was arrested in a case under Sections 318(4), 61(2) and 317(2) of the Indian Penal Code relating to a forged marriage. The applicant claimed absolute innocence, alleging false implication due to an ulterior motive, and highlighted that a co-accused had already been released on bail. The State opposed the bail, but the Court, after reviewing the record and the circumstances, decided that the applicant was entitled to bail during the pendency of the trial. The Court granted bail on the condition of a personal bond, two sureties, and several strict conditions to prevent tampering with evidence or intimidation of witnesses. The order expressly states that it does not prejudice the merits of the case, which will be decided at trial.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged forgery of marriage under Sections 318(4), 61(2) and 317(2) of the IPC.
  • Whether the applicant's claim of innocence and lack of prior criminal history justify the grant of bail.
  • Whether imposing conditions on bail is appropriate in the circumstances.

Legislation cited

Subjects

  • bail
  • Indian Penal Code
  • forged marriage
  • false implication
  • surety
  • trial pendency
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 33741 of 2026

Sonakshi
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                          :    Amit Kumar
Counsel for Opposite Party(s)                     :    G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

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

The instant application has been filed seeking release of the applicant on
bail in Case Crime No. 104 of 2026, under Sections 318(4), 61(2), 317(2)
BNS, Police Station- Chhapar, District- Muzaffarnagar, during pendency
of the trial in the court concerned.

Learned counsel for the applicant submitted that the applicant is
absolutely innocent and has been falsely implicated in the present case
due to some ulterior motive. The present FIR has been lodged with regard
to a forged marriage solemnized against the son of the informant. The
applicant was stated to be the wife, with whom the alleged marriage was
solemnized. It is next submitted that applicant is having no concern with
the allegations levelled against her and she has not committed any offence
as alleged by prosecution. Co-accused of the applicant namely Kamini
has already enlarged on bail by this Court vide order dated 06.08.2026
passed in Criminal Misc. Bail Application No. 26058 of 2026. Criminal
history of solitary case of the applicant has been explained in para 16 of
the instant bail application and she is languishing in jail since 24.5.2026.
It is also submitted that the applicant undertakes that she will not misuse
the liberty, if granted. It has also been pointed out that in the wake of
heavy pendency of cases in the Court, there is no likelihood of any early
conclusion of trial.
                                                        BAIL No. 33741 of 2026
                                2


The prayer for bail has been vehemently opposed by learned A.G.A.

Considering the facts and circumstances of the case, perusing the record,
evidence and also considering the nature of allegations, arguments
advanced by the learned counsel for the parties, this Court is of the view
that the applicant is entitled to be enlarged on bail during the pendency of
the trial.

Accordingly, without expressing any opinion on the merits of the case,
the instant bail application is allowed.

Let applicant, Sonakshi be released on bail in the aforesaid case on his
executing a personal bond and furnishing two 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 during the trial.

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

(iii). The applicant will appear before the trial court on the date fixed,
unless personal presence is exempted.

(iv). The applicant shall not commit an offence similar to the offence of
which he is accused, or suspected, of the commission of which he is
suspected.

(v). 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.

It is further directed that the identity, status and residence proof of the
sureties be verified by the authorities concerned before they are accepted.

In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.

It is clarified that the observations made herein are limited to the facts
brought in by the parties pertaining to the disposal of bail application and
                                                                                      BAIL No. 33741 of 2026
                                                                3


                                    the said observations shall have no bearing on the merits of the case
                                    during trial.



                                                                                  (Jai Prakash Tiwari,J.)
                                    September 29, 2026
                                    Brijesh




Digitally signed by :-
BRIJESH KUMAR
High Court of Judicature at Allahabad


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