The High Court granted bail to Ajay Sonkar in a case involving offences under the IPC and Dowry Prohibition Act. The court imposed conditions regarding attendance to evidence and breach of bail.
Release of the applicant on bail on a personal bond and two sureties subject to conditions of attendance and non-abuse of liberty.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48991 of 2022
Applicant :- Ajay Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Kali Charan Yadav,Jitendra Partap Singh
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Jitendra Partap Singh, learned counsel for the applicant and Mr. Pankaj Srivastava, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Ajay Sonkar with a prayer to release him on bail in Case Crime No.201 of 2022, under Sections 498-A, 323, 376, 427, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station-Purani Basti, District-Basti, during pendency of trial.
As per prosecution version, the present FIR has been lodged by victim herself on 27.06.2022 under Sections 376, 313, 323, 498-A, 504, 506, 354(Gha), 427 I.P.C. & Section 3/4 Dowry Prohibition Act, 1961 with the allegations that she has been sexually exploited by the applicant taking advantage of the fact that she was not staying with her husband. Details regarding exploitation has been mentioned in the First Information Report.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. From the statements before the doctor as well as under Sections 161 and 164 Cr.P.C., it is clear that the victim is a married lady and due to differences with her husband she became friendly with the applicant and started living with him. She has alleged that she has performed marriage with the applicant, however, that cannot be believed as the victim was already married to one Ram Jagat Chaudhary. The marriage with the applicant cannot be possible without obtaining divorce from her earlier husband. From the aforesaid, it is clear that victim was willingly staying with the applicant in live-in relationship and when pressure was exerted by her for extraneous considerations, the present FIR has been lodged to falsely implicate the applicant.
Learned counsel for the applicant has also laid emphasis on
annexure-5 of the application, from where it is clear that the victim has lodged several similar cases against other persons for her personal gain. He further submits that medical report of the victim also does not support the prosecution story. The applicant is languishing in jail since 21.08.2022. The applicant has no criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. In case the applicant is released on bail he will again indulge in similar activities and will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Ajay Sonkar involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the
trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 15.12.2022 Rahul.
Digitally signed by RAHUL GOSWAMI Date: 2022.12.19 13:26:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail during the pendency of the trial.
Whether the conditions imposed should prevent abuse of bail and ensure attendance.
4 provisions across 2 enactments
Ajay Sonkar
Manju Rani Chauhan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
