Danish Alias Sonu vs State Of U.P.

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 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/