Allahabad High Court
SONPAL @ SONAversusSTATE OF U.P.
- Decided
Holding
The bail application is allowed; the applicant is released on bail subject to conditions.
Summary
The High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Sonpal @ Sona, who is accused in Crime No. 172 of 2012 of offences under IPC Sections 307, 323, 504, 506 and Section 7 of the Criminal Law Amendment Act. The applicant claimed innocence, arguing that the specific charge of assault with a firearm was assigned to a co‑accused, Chandra, and that he had been in custody since 26‑11‑2025. The State opposed bail, contending that the applicant also had a general role in the assault. After reviewing the FIR, the nature of the allegations and the lack of a specific firearm role for the applicant, the Court, without expressing a view on the merits, found the case suitable for bail. The Court ordered release on a personal bond of Rs. 50,000 with two sureties, subject to conditions to prevent tampering with evidence or intimidation of witnesses, and clarified that the order does not prejudice the trial.
Issues considered
- Whether the applicant is entitled to bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the charges of murder, attempt to murder, assault, and criminal intimidation.
- Whether the applicant's alleged role, distinct from the co‑accused's firearm assault, justifies granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 483
- Criminal Law Amendment Act — s. 7
- Indian Penal Code — s. 307, 323, 504, 506
Subjects
- bail
- Section 483 B.N.S.S.
- IPC
- assault with firearm
- trial pendency
- presumption of innocence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 5806 of 2026
Sonpal @ Sona
.....Applicant(s)
Versus
State of U.P.
.....Opposite
Party(s)
Counsel for Applicant(s) : Anita Singh, Kumari Poonam Rajpoot,
Nirmla Kumari, Prem Babu Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 69
HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Miss Anita Singh, learned counsel for the applicant and
Sri O.P. Singh, learned AGA for the State-respondents and
perused the record.
2. The present bail application under Section 483 of Bharatiya
Nagarik Suraksha Sanhita, 2023, has been filed on behalf of
applicant with a prayer to release him on bail in Case Crime No.
172 of 2012, under Sections 307, 323, 504, 506 IPC and Section 7
of C.L.A. Act, registered at Police Station Rasoolpur, District
Firozabad during pendency of the trial.
3. It has been argued by the learned counsel for the applicant that
applicant is innocent and he has been falsely implicated in this
case and he has been languishing in jail since 26.11.2025. It is
further submitted that the co-accused Chandra has been assigned
specific role of assault by fire arm on the first informant. It is also
submitted that the applicant undertakes that he 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.
4. On the other hand, learned A.G.A. has opposed the prayer for
grant of bail to the applicant and it is submitted that the applicant
has also been assigned general role of assault, however, specific
BAIL No. 5806 of 2026
2
role of assault by fire arm has been assigned to co-accused
Chandra.
5. As per allegations in the FIR, co-accused Chandra is said to
have opened fire on the first informant as a result of which the first
informant is said to have received one gun shot injury on his chest.
Clearly the applicant has not been assigned specific role of assault
by fire arm.
6. Upon considering the totality of facts, nature and the evidence
reflected from record and without expressing any opinion on merits
of the case, I find it to be a fit case for bail. Hence, the present bail
application is ALLOWED.
7. Let the applicant- Sonpal @ Sona involved in the aforesaid case
crime be released on bail on his furnishing a personal bond of Rs.
50,000/- with 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 not pressurize/intimidate the prosecution
witnesses.
(iii) The applicant shall remain present, in person, before the trial
court on the dates fixed for (i) opening of the case, (ii) framing of
charge and (iii) recording of statement under Section 351 of
B.N.S.S.
(iv) The applicant shall file an undertaking to the effect that he shall
not seek any adjournment on the dates fixed for evidence when the
witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each
date fixed, either personally or through his counsel.
BAIL No. 5806 of 2026
3
8. In case of breach of any of the above conditions, it shall be a
ground for cancellation of bail.
9. It is clarified that anything said in this order is limited to the
purpose of determination of this bail application and will in no way
be construed as an expression on the merits of the case. The trial
court shall be absolutely free to arrive at its independent
conclusions on the basis of evidence led unaffected by anything
said in this order.
(Jitendra Kumar Sinha,J.)
May 7, 2026
Abhishek
Digitally signed by :-
ABHISHEK AGRAHARI
High Court of Judicature at Allahabad
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