BAIL/34860/2026 of VIKASH SONKAR Vs STATE OF U.P. on 29 September 2026

1. Heard Sri Sanjay Kumar Srivastava, learned counsel for accused applicant and learned A.G.A. for State.

2. The present bail application has been moved by the applicant accused- Vikash Sonkar to enlarge him on bail in Case Crime No. 274 of 2025, under Section 109(1) of BNS and Section 3/25 Arms Act, P.S.- Ubhaon, District- Ballia, during the pendency of trial.

3. It is the contention of learned counsel for applicant that the accused applicant has been falsely implicated in police encounter case in FIR dated 22.10.2025 lodged by the police against two accused including the accused applicant with the allegation that accused persons had opened fire on police person, on protection the police had fired at the accused person wherein accused applicant suffered two gunshot injuries on his both legs. There is recovery shown from the accused applicant of country made pistol and cartridges. It is contended that there is no injury from the side of police persons and arrest and recovery has been made in the absence of independent witnesses. The accused applicant has criminal history of six cases in three cases, he is on bail and in three cases, bail application is pending. Charge sheet is submitted. The accused applicant is languishing in jail since 22.10.2025. He seeks enlargement of accused on bail.

4. Learned A.G.A. for State opposed the bail application.

5. This Court has taken into consideration the rival submissions made by Versus Counsel for Applicant(s) : Ramesh Chand Yadav, Sanjay Kumar Srivastava Counsel for Opposite Party(s) : G.A. Vikash Sonkar .....Applicant(s) State of U.P. .....Opposite Party(s)

learned counsel for the parties and perused the record.

6. Considering the police encounter case wherein none of the police persons suffered injury, on the contrary accused himself suffered gunshot injury, the accused/applicant is entitled to be released on bail.

7. Hence, without touching merit of the case, the bail application is allowed.

8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685].

9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. September 30, 2026 Sharad/- BAIL No. 34860 of 2026 2 (Avnish Saxena,J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad