Brajendra Sonkar vs State Of U.P.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

List has been revised. None appears for the first informant.

Heard Shri Bed Prakash Rai, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA for the State and perused the entire material available on record.

This is the second bail application filed by the applicant. The first bail application filed by the present applicant has been rejected by co-ordinate Bench of this Court by means of a detailed order dated 21.8.2025 passed in Criminal Misc. Bail Application No. 26881 of 2025, a copy of which has been brought on record as Annexure-1 to the bail application.

The applicant Brajendra Sonkar, has filed this second bail application with a prayer to enlarge him on bail in Case Crime No. 884 of 2024, under Sections 319 (2), 318 (4), 351 (2), 338, 336 (3), 340 (2), 316 (2), 61 (2) of the Bharatiya Nyaya Sanhita, 2023, Police Station Chakeri, District Kanpur Nagar, during the pendency of the trial before the Court below.

In support of this second bail application, learned counsel for the applicant has reiterated the entire submissions made in the first bail application, which are not necessary to mention herein again by this Court.

Learned counsel for the applicant argued that the accused-applicant is innocent. He has been falsely implicated in this very case crime number and is languishing in jail since 16.5.2025. Learned counsel for the applicant submits that role of broker has been assigned against the applicant. Applicant is not a witness in the agreement to sell. Charges against the applicant has already been framed on 21.7.2025. Till date, even a single witness has not been examined by the prosecution. Applicant has no criminal antecedent 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.

Learned AGA has vehemently opposed the prayer for bail.

Considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but without commenting on merit of case, a case for bail is made out.

Accordingly, the bail application is allowed.

Let the accused-applicant, Brajendra Sonkar, involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties each, in 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

Ravi Prakash