Allahabad High Court
Apoorva Sonkar vs State Of U.P. on 25 August, 2025
Author: Santosh Rai
Bench: Santosh Rai
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:147768
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 42776 of 2024
Court No. - 87
HON'BLE SANTOSH RAI, J.
1. Heard learned counsel for the applicant, learned counsel for the informant as well as the learned A.G.A. for the State and perused the material placed on record.
2. The present application has been filed by the applicantApoorva Sonkarwith a prayer to release her on bail in Case Crime No. 0339 of 2024, under Section 2 & 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Civil Lines, District-(City Commissionerate) Prayagraj, during pendency of trial.
3. It is argued by the learned counsel for the applicant that the applicant is neither a gang leader nor a member of any gang and she has been falsely implicated in the present case due to enmity with police personnel. It has been further submitted that the accused-applicant Apoorva Sonkar is a Bachelor of Education graduate and she has been preparing for competitive exams. It has also been submitted that the history of seven other criminal cases as shown against the applicant, wherein she has already been enlarged on bail and in most of the cases the criminal history has been duly explained. In support of his argument, the learned counsel for the applicant has placed reliance upon the judgment of the Hon'ble Apex Court in Javed Gulam Nabi Shaikh versus State of Maharashtra and Another (2024 0 Supreme (SC) 520). She is languishing in jail since 13.10.2023 and in case she is enlarged on bail she will not misuse the liberty of bail.
4. Learned counsel for the informant has vehemently opposed the arguments advanced by the learned counsel for the applicant and submitted that she is a gang leader and a member of gang as per the gang chart which has been approved by the competent authority. In the gang chart following cases are mentioned:-
(i) Case Crime No.152 of 2023, under Sections 294, 406, 419, 420, 467, 468, 504, 506 IPC, Police Station Daraganj, District Prayagraj.
(ii) Case Crime No.304 of 2019, under Sections 3(2)V SC/ST Act and Sections 354Ka, 406, 420, 467, 468, 471, 504, 506 IPC, Police Station Cantt, District Prayagraj.
(iii) Case Crime No.555 of 2023, under Sections 406, 506 IPC, Police Station Dhoomanganj, District Prayagraj.
(iv) Case Crime No.340 of 2023, under Sections 386, 506 IPC, Police Station Civil Lines, District Prayagraj.
(v) Case Crime No.242 of 2023, under Section 3(2)Va SC/ST Act and Sections 147, 323, 342, 384, 504, 506 IPC, Police Station Kidganj, District Prayagraj.
(vi) Case Crime No.243 of 2023, under Sections 147, 323, 341, 384, 388, 392, 504, 506 IPC, Police Station Kidganj, District Prayagraj.
(vii) Case Crime No.204 of 2023, under Sections 323, 342, 384, 392, 504, 506 IPC, Police Station Daraganj, District Prayagraj.
(viii) Case Crime No.339 of 2024, under Section 2/3(1) Gangsters Act, Police Station Civil Lines, District Prayagraj.
5. Learned counsel for the informant next submitted that the accused-applicant is a habitual offender and she along with other accused persons committed serious offences related to extortion, cheating etc. against the police personnel and respected members of the society. He has placed reliance upon the judgment passed by the Coordinate Bench of this Court inCriminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 13634 of 2023 (Smt. Vinita Mehrotra versus State of U.P. and Another)decided on 26.02.2024. He has also placed reliance upon the judgment passed by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 38698 of 2024 (Anupam Shukla Alias Anupama Tripathi versus State of U.P. Through Secretary Home U.P. at Lucknow) and Criminal Misc. Bail Application No.39558 of 2024 (Alok Shukla versus State of U.P.) wherein the bail applications of the co-accused have been rejected.
6. Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail she will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. Learned AGA further submits that the accused applicant has falsely lodged many false cases against the police personnel, doctor and respectable persons of the society in district Prayagraj. The sole purpose to lodge false FIR was only to gain illegal money, extortion etc.
7. Section 19(4) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 reads as follows:
"(4) Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless--
(a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail."
8. In light of the statement made by learned counsel for the informant and learned AGA and from the perusal of gang chart, it appears that the two members of the gang namely, Anupam Shukla @ Anupama Tripathi and Alok Shukla have also long criminal history of approximately 14 cases as well as in view of Section 19(4) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 and the judgments cited hereinabove and considering the material evidence available on record, the nature of offence which has been mentioned in the gang-chart and the criminal background of the accused-applicant, I hereby decline to grant any indulgence to the accused-applicant and such the present application is liable to be rejected.
9. Accordingly, the present application stands dismissed.
August 25, 2025
SY
