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Allahabad High Court

DANISH ALIAS SONUversusSTATE OF U.P.

Decided

Holding

The Court held that the applicant had established sufficient grounds for bail and therefore granted bail with conditions.

Summary

The High Court considered a bail application filed by Danish alias Sonu, who was arrested in connection with a robbery and alleged theft of Rs. 6.50 lakh. The applicant claimed he was falsely implicated in Crime No. 197 of 2025, filed under Sections 309(4) and 317(2) of the IPC, and that the FIR was originally lodged against an unknown person. He argued that he was residing in Delhi at the time of the incident, was arrested in a separate case, and that the confessional statement and recovered items were planted, with no independent witnesses. The State opposed bail but did not refute the applicant’s factual contentions. After evaluating the nature of the offence, the evidence, and the applicant’s lack of flight risk, the Court held that the applicant had made out a case for bail and granted it subject to personal bond, sureties, and strict conditions.

Issues considered

  • Whether bail should be granted in a case under Sections 309(4) and 317(2) of the IPC when the accused claims false implication and lack of independent evidence.
  • Whether the applicant poses a risk of tampering with evidence, intimidating witnesses, or fleeing from trial.

Legislation cited

Subjects

  • bail
  • IPC
  • Section 309
  • Section 317
  • false implication
  • evidence
  • high court
  • criminal procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 42161 of 2025

Danish Alias Sonu
                                                           .....Applicant(s)
                                  Versus

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

Counsel for Applicant(s)      : Mohammad Jamil Akhtar, Shahzad
                                Alam, Sr. Advocate, Virendra Kumar
                                Maurya
Counsel for Opposite Party(s) : G.A.

Court No. - 68
                 HON'BLE ASHUTOSH SRIVASTAVA, J.

Heard Shri Virendra Kumar Maurya, learned counsel for the applicant
and Shri Rajesh Kumar Singh, learned A.G.A. for the State and perused
the record.

The present bail application has been filed by the applicant Danish @
Sonu, with a prayer to enlarge him on bail in Case Crime No. 197 of
2025, under Sections 309 (4), 317 (2) BNS, Police Station Loni Border,
District-Ghaziabad, during pendency of trial.

Learned counsel for the applicant submits that the accused applicant is
innocent. He has been falsely implicated in the present case and is
languishing in jail since 04.04.2025. Learned counsel for the applicant
submits that first information report was lodged against unknown person
with the allegation that on the date of incident one unknown person
stopped the first informant and looted the Scooty along with Rs. 6.50 Lacs
of the first informant on the gunpoint. Learned counsel for the applicant
submits that at the time of incident the applicant was residing in Delhi and
was arrested by the police in connection with other Criminal Case
registered in Police Station Bhajanpura, and he was sent to jail. During
investigation the applicant has been falsely implicated in the present case
on the basis of confessional statement. The recovery shown on the
pointing out of the applicant is planted one as there is no independent
witness to the same. Learned counsel for the applicant after arguing at
length submits that the first informant/ P.W.-1 in his deposition has not
                                                                                            BAIL No. 42161 of 2025
                                                                   2


                                    supported the prosecution version. Criminal antecedents of 11 cases has
                                    been properly explained in the supplementary affidavit and there is no
                                    likelihood of his fleeing from course of justice or tampering with
                                    evidence in case of release on bail. Hence, bail has been prayed for.

                                    Per contra, learned A.G.A. has opposed the bail prayer of the applicant
                                    but could not dispute the aforesaid facts.

                                    Considering the nature of the offence, material/evidence brought on
                                    record, complicity of the accused, severity of punishment, the
                                    submissions made by the learned counsel for the parties, the Court is of
                                    the view that the applicant has made out a case for bail. The bail
                                    application is allowed.

                                    Let the applicant-Danish @ Sonu, involved in aforesaid case crime be
                                    released on bail on his furnishing a personal bond and two local sureties
                                    each of 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 6, 2026
                                    Deepak/




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

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