Allowed

Manoj Sonkar and Another v. State of U.P. and Another

Allahabad HC11 Nov 2019BAIL/39321/2019

Case brief

AI extract

What is this about?

In a bail application under CrPC 156(3), the court granted bail to applicants who were mere bystanders at a rape scene involving a minor. Ruling on parity with a released co-accused having an identical role, the court emphasized no allegation of rape against them, releasing them on bail with standard conditions.

What did the court decide?

Applicants released on bail on furnishing personal bond and two sureties each with conditions against tampering with evidence and intimidation.

Manoj Sonkar and Another Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2019)

¶1

Court No. - 71

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39321 of 2019

¶3

Applicant :- Manoj Sonkar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Srivastava,Pradeep Kumar Counsel for Opposite Party :- G.A.

¶4

Hon'ble Bachchoo Lal,J.

¶5

None is present for the opp. party no. 2 in spite of personal service.

¶6

Heard Sri Ajay Srivastava, learned counsel for the applicants, learned AGA and perused the record.

¶7

Learned counsel for the applicants submits that the first information report of the alleged incident has been lodged on the basis of an application moved under section 156(3) Cr.P.C. The F.I.R. was lodged by the mother of the victim. In the first information report the allegation of rape has been levelled agasins the co accused Sandeep Sonkar and in the first information report it has been mentioned that the applicants and the co-accused Kishan Sonkar were standing near the gate of the house. The victim in her statement recorded under section 164 Cr.P.C. has also made allegation of rape against the coaccused Sandeep Sonkar. No allegation of rape has been made against the applicants. The only allegation against the applicants is that the applicants were standing at the gate of the house. It has been further submitted that the co-accused Kishan Sonkar having identical role has already been released on bail by another bench of this court vide order dated 30.9.2019 in Cr. Misc. Bail Application No. 37200 of 2019, therefore, applicants are also entitled for bail on the ground of parity. There is no criminal history of the applicants and they are in jail since 31.7.2019.

¶8

Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that the co-accused Kishan Sonkar having identical role has already been released on bail.

¶9

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.

¶10

Let the applicants Manoj Sonkar and Amar Nath Sonkar

¶11

involved in Case Crime No. 125 of 2019, under Section 323, 376, 120-B, 452 IPC and 3/4 POCSO Act, Police Station Saidpur District Ghazipur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;

¶12

The applicants will not tamper with the evidences.

¶13

The applicants will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial.

¶14

The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.

¶15

In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.

¶16

Order Date :- 11.11.2019 Gss

Manoj Sonkar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Manoj Sonkar and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mool Chandra and 3 Others Vs State of U.P. and Another

Faizan Vs State of U.P.

Ragib Vs State of U.P.

Rajeshwar Tyagi Vs State of U.P. and Anr.

Lalaram Vs State of U.P. and Another

Danish Khan and Anr. Vs State of U.P. and Another