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Allahabad High Court

VIKASH SONKARversusSTATE OF U.P.

Decided

Holding

The bail application was allowed, ordering the accused’s release on personal bond and sureties.

Summary

Vikash Sonkar applied for bail in a police‑encounter case (Crime No. 274 of 2025) under Section 109(1) of the BNS and Section 3/25 of the Arms Act. He alleged that the encounter was fabricated, that no police officer was injured while he sustained gunshot wounds and that the recovery of a pistol and cartridges was made without independent witnesses. The State opposed bail, citing his prior criminal history of six cases, three of which were pending on bail. The Court, noting the absence of police injuries and the applicant’s own injuries, held that the circumstances warranted release on bail without addressing the merits of the case. Accordingly, the Court ordered his release on a personal bond and two sureties, invoking Supreme Court precedents Girish Gandhi v. State of Uttar Pradesh (2024) 10 SCC 674 and Policy Strategy for Grant of Bail in re (2024) 10 SCC 685, and directed him to cooperate with the judicial process.

Issues considered

  • Whether bail should be granted in a police‑encounter case where the accused was injured and no police officer sustained injury
  • Whether the accused’s prior criminal history precludes bail
  • Whether the merits of the underlying offence need to be examined before granting bail

Legislation cited

Subjects

  • bail
  • police encounter
  • arms act
  • false implication
  • prior criminal history
  • personal bond
  • sureties
  • Supreme Court bail jurisprudence

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 34860 of 2026

Vikash Sonkar
                                                            .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Ramesh Chand Yadav, Sanjay Kumar
                                Srivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 69
                    HON'BLE AVNISH SAXENA, J.

1. Heard Sri Sanjay Kumar Srivastava, learned counsel for accused
applicant and learned A.G.A. for State.

2. The present bail application has been moved by the applicant accused-
Vikash Sonkar to enlarge him on bail in Case Crime No. 274 of 2025,
under Section 109(1) of BNS and Section 3/25 Arms Act, P.S.- Ubhaon,
District- Ballia, during the pendency of trial.

3. It is the contention of learned counsel for applicant that the accused
applicant has been falsely implicated in police encounter case in FIR
dated 22.10.2025 lodged by the police against two accused including the
accused applicant with the allegation that accused persons had opened fire
on police person, on protection the police had fired at the accused person
wherein accused applicant suffered two gunshot injuries on his both legs.
There is recovery shown from the accused applicant of country made
pistol and cartridges. It is contended that there is no injury from the side
of police persons and arrest and recovery has been made in the absence of
independent witnesses. The accused applicant has criminal history of six
cases in three cases, he is on bail and in three cases, bail application is
pending. Charge sheet is submitted. The accused applicant is languishing
in jail since 22.10.2025. He seeks enlargement of accused on bail.

4. Learned A.G.A. for State opposed the bail application.

5. This Court has taken into consideration the rival submissions made by
                                                                                              BAIL No. 34860 of 2026
                                                                   2


                                    learned counsel for the parties and perused the record.

                                    6. Considering the police encounter case wherein none of the police
                                    persons suffered injury, on the contrary accused himself suffered gunshot
                                    injury, the accused/applicant is entitled to be released on bail.

                                    7. Hence, without touching merit of the case, the bail application is
                                    allowed.

                                    8. The accused/applicant be released on bail in the aforesaid case on
                                    furnishing a personal bond and two sureties each in the like amount to the
                                    satisfaction of court concerned in view of observation made by the
                                    Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar
                                    Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in
                                    re [(2024)10SCC 685].

                                    9. The accused-applicant shall cooperate in judicial process for fair and
                                    speedy disposal.



                                                                                              (Avnish Saxena,J.)
                                    September 30, 2026
                                    Sharad/-




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

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