Allowed

Komal Sonkar v. State of U.P.

Allahabad HC8 Jul 2019BAIL/19160/2019

Case brief

AI extract

What is this about?

The court granted bail to Komal Sonkar in a criminal miscellaneous case involving abetting coercion and abduction. The court found the matter a fit case for bail, considering the applicant's lack of criminal antecedents and the prosecutrix's delayed formal allegations.

What did the court decide?

Release of applicant on bail by furnishing personal bond and two reliable sureties of equal amount.

Komal Sonkar Vs State of U.P. — Child Sexual Offences (POCSO) | Allahabad HC (2019)

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Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19160 of 2019 Applicant :- Komal Sonkar Opposite Party :- State Of U.P. Counsel for Applicant :- Neeraj Kumar Srivastava,Pankaj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicant, learned A.G.A. and perused the record.

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This bail application has been moved by the applicant who is involved in Case Crime No. 47 of 2019, under Sections 363, 366, 504, 506, 376 I.P.C. & 3/4 POCSO Act, 2012, Police Station-Jaitpura,District-Varanasi.

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As per prosecution version, on 21.02.2019 applicant and other co-accused persons abducted the prosecutrix, minor daughter of the informant.

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Learned counsel for the applicant contended that prosecutrix is consenting party. She is major. In her statement under Section 164 Cr.P.C., she has not made any allegation of rape against the applicant. Applicant has been made accused in this case only on the basis of statement under Section 161 Cr.P.C. in which prosecutrix admitted that she had gone with the applicant on her own sweet will. Applicant is languishing in jail since 22.02.2019 having no criminal antecedents.

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Per contra, learned A.G.A., has opposed the prayer for bail and submitted that as per school certificate date of birth of prosecutrix is 09.03.2002. Accordingly, she is minor and offence is made out against the applicant.

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As per medical report age of the prosecutrix is in between 18 to 19 years. She has not made any allegation against the applicant in her statement under Section 164 Cr.P.C.

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Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Komal Sonkar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

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Application stands allowed.

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Order Date :- 8.7.2019/AKT

Komal Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Komal Sonkar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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