SHOAIB ALIAS SONUversusSTATE OF U.P.

                HIGH COURT OF JUDICATURE AT ALLAHABAD

          CRIMINAL MISC. BAIL APPLICATION No. - 44255 of 2025

Shoaib Alias Sonu
                                                                         .....Applicant(s)
                                         Versus
State of U.P.
                                                                    .....Opposite Party(s)

Counsel for Applicant(s)             :   Kumar Ashutosh Srivastava, Ritesh Kumar
                                         Srivastava
Counsel for Opposite Party(s)        :   G.A., Phool Singh Yadav

Court No. - 67
                 HON'BLE ARUN KUMAR SINGH DESHWAL, J.

1. Heard Sri Ritesh Kumar Srivastava, learned counsel for the applicant, Sri Vaibhav
Yadav, Advocate holding brief of Sri Phool Singh Yadav, learned counsel for the first
informant and Sri Ram Kumar Verma, learned A.G.A. for the State.

2. Instant bail application has been filed with a prayer to release the applicant on bail
during the trial in Case Crime No. 101 of 2025, under Section 103(1), 352 B.N.S., P.S.
Jajmau, District Kanpur Nagar.

3. Contention of learned counsel for the applicant is that in the FIR, general allegation
has been made against all the accused persons for beating the deceased over the
dispute of salary of the deceased which was due against co-accused Fahran. Learned
counsel for the applicant further submitted that CCTV installed outside the place of
incident in question shows that over petty issue, there was scuffling between the
applicant and deceased thereafter the co-accused Shahnawaz reached on the spot and
started beating the deceased with Danda and thereafter left the place of incident with
Scorpio. It is further submitted that on the pointing out of co-accused Shahnawaz, a
danda was also recovered, therefore, there is specific allegation against co-accused
Shahnawaz for beating the deceased with danda which resulted in his death. There is
no role assigned to the applicant for causing murder of the deceased as prior to the
incident applicant and deceased had scuffled on petty issue. It is lastly submitted that
charge sheet has been filed by the police, therefore, there is no requirement for
custodial interrogation. The applicant has no criminal history and he is languishing in
jail since 30.05.2025. In case, he is granted bail, he will not misuse the liberty of bail
and would cooperate in the trial proceedings.

4. On the other hand, learned A.G.A. for the State opposed the prayer for bail but
could not dispute the aforesaid fact.

5. Considering the entire facts and circumstances of the case, submissions of learned
counsel for the parties and keeping in view the nature of offence, evidence, complicity
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                                     2

of accused and taking into account overcrowded jails and heavy pendency of criminal
cases before the trial courts as well as considering the mandate of the judgement of the
Apex Court in the case of Kapil Wadhawan vs Central Bureau of Investigation
reported in 2025 SCC Online SC 3038 as well as guideline of this Court in the case of
Maya Tiwari vs State of U.P. reported in 2024 SCC Online All 6765 regarding grant
of bail and without expressing any opinion on the merits of the case, I am of the
opinion that the applicant is entitled to be enlarged on bail. Accordingly, the present
application is allowed.

6. Let the applicant- Sohaib @ Sonu involved in the aforementioned crime be
released on bail, on his furnishing a personal bond and two sureties each in the like
amount, to the satisfaction of the court concerned, with the following conditions:-

i. 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.

ii. The applicant shall cooperate in the trial/investigation sincerely without seeking
any adjournment.

iii. The applicant shall not indulge in any criminal activity or commission of any crime
after being released on bail.

iv. The applicant shall attend in accordance with the conditions of the bond executed
by him.

7. In case of breach of any of the above conditions, it shall be a ground for
cancellation of bail.

8. Identity, status and residence proof of the applicant and sureties be verified by the
court concerned before the bonds are accepted.

9. Verification of mobile number as well as Aadhaar Card of the applicant and
sureties should also be conducted by the court concerned.

10. It is made clear that the applicant shall be released on the basis of downloaded
copy of this order 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.

11. It is 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.

12. Office is directed to send a copy of this order to the applicant through concerned
Jail Superintendent via e-mail or e-prison portal within 24 hours in compliance of the
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                                                                      3

                                    order of the Apex Court in the case of Policy Strategy for Grant of Bail, In Re: Suo
                                    Motu Writ Petition (Crl.) No. 4 of 2021 decided on 31.01.2023 reported in (2024)
                                    10 SCC 685.

                                    April 23, 2026
                                    A.Kr.
                                                                                      (Arun Kumar Singh Deshwal,J.)




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