Allahabad High Court

Mangal Sonkar v. State of U.P. thru. Prin. Secy. Home Lko

BAIL/4239/2026

Decision date
2026-06-17
Text availability
Full text
Judges
Subhash Vidyarthi

Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗

Connected provisions and cases

No further provision or case links are recorded.

Judgment text

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4239 of 2026 Mangal Sonkar .....Applicant(s) Versus State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Counsel for Applicant(s) : Sukh Deo Singh, Anita Singh Counsel for Opposite Party(s) : G.A., Ramakar Shukla Court No. - 11 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Sukh Deo Singh, learned counsel for the applicant, Sri Hari Prasad Maurya, learned Additional Government Advocate for the State and Sri Ramakar Shukla, Advocate who has put in appearance on behalf of the complainant and filed his vakalatnama, which is taken on record. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.73 of 2026, under Sections 105, 115(2) B.N.S., registered at Police Station Kotwali Dehat, District Sultanpur.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.03.2026 against five persons, including the applicant stating that all the accused persons attacked the informant and his family members due to which the informant, her husband Ramesh Sonkar, husband's younger brother Ram Kumar and informant's son Chhotu suffered injuries. The informant's husband Ramesh Sonkar was taken to the District Hospital from where he was referred to the Medical College, Lucknow and he died on the way. The injury report of Ramesh Sonkar mentions a lacerated wound present over vertex up to both perital bone and a lacerated wound over occipital region of head. The postmortem examination report mentions a fracture in his skull and the cause of death has been opined to be hemorrhage and shock due to ante mortem injuries. 4. In the affidavit filed in support of bail application it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in Case Crime No.357 BAIL No. 4239 of 2026 2 of 2010, under Sections 363, 366-A, 506 I.P.C. Police Station Kotwali Dehat, District Sultanpur has been disclosed in which he has been enlarged on bail by means of an order dated 07.10.2010.

5. On 05.03.2026 itself F.I.R. No.72 of 2026 was lodged by the applicant's mother Sharda Devi against five named persons, including Ramesh (who subsequently died) alleging that because of playing music in loud volume an altercation took place between the parties. Deepak @ Bholu fired gun shots injuring Mangal (the applicant) and Mohit due to which Mohit died and Mangal got injured and was referred to Medical College, Lucknow. 6. The Investigating Officer himself has recorded in the case diary that persons from the applicant's side had beaten up the person from the other side in self defence as the other side has caused gun shot injuries. 7. The learned Additional Government Advocate appearing on behalf of the State has opposed the prayer for bail and he has submitted that the allegations against the applicant has been established during investigation and a charge sheet has been submitted on 10.05.2026. 8. The learned counsel for the complainant has also opposed the bail application but he could not dispute the aforesaid aspects of the matter.

9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant himself has suffered a gun shot injury in the incident and his brother has died due to the gun shot injury suffered by him and that the Investigating Officer has found that the applicant has assaulted the persons of the other side in self defence coupled with the fact that the applicant is languishing in jail since 15.03.2026 and the investigation already stands concluded and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 10. Accordingly, this bail application stands allowed. 11. Let the applicant-Mangal Sonkar 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 magistrate/court concerned, BAIL No. 4239 of 2026 3 subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. June 17, 2026 Ram. (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench