Allowed

Sonu Sharma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Allahabad HC22 May 2023/1494/2023

Case brief

AI extract

What is this about?

The High Court allowed the bail application of Sonu Sharma in a case involving IPC offenses and POCSO/SC/ST charges, noting discrepancies between the medical report and victim statements regarding force and age, and imposing standard bail conditions including a personal bond and sureties.

What did the court decide?

Applicant released on bail furnishing personal bond and two sureties each in like amount subject to conditions of not tampering with evidence and appearing in court.

Sonu Sharma Vs State of U.P. Thru. Prin… — Child Sexual Offences (POCSO) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:35775

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Court No. - 16

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1494 of 2023

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Applicant :- Sonu Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others

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Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, Sri Manoj Kumar Sahu, learned A.G.A. for the State and perused the records.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 460 of 2020, under Sections 363, 366, 376 IPC, 3/4 POCSO Act & 3(2)(v)a, 3(2) (V) SC/ST Act, Police Station Manjhila, District Hardoi.

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The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.11.2020 alleging that the applicant had enticed away the informants minor daughter on 10.11.2020.

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In the statement of the victim recorded under Section 161 Cr.P.C. she has stated that she loves the applicant.

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In the medico legal examination report of the victim, her age has been opined to be 19 years and no mark of injury or sign of use of force has been reported on any part of her body.

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In the statement of the victim recorded under Section 164 Cr.P.C. also, she stated that she loves the applicant. However, she stated that the applicant made physical relations with her forcibly.

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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.

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In the counter affidavit, it has been stated that the applicant is involved in another case bearing Case Crime No. 48 of 2020,

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under Section 354-kha, 504, 506 IPC and 3(1)Dha, 3(2)Va SC/ST Act, Police Station Manjhila, District Hardoi. In the rejoinder affidavit, it has been stated that no charge sheet has been filed in the aforesaid case till date.

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The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

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Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the victim is opined to be major in her medico legal examination and she has consistently stated that she loves the applicant; that the victim has stated that the applicant made physical relations with her forcibly. This fact is, prima facie, not supported by the medico legal examination report, coupled with the fact that the applicant is languishing in jail since 18.11.2020 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.

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Accordingly, this bail application stands allowed .

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Let the applicant- Sonu Sharma be released on bail in Case Crime No. 460 of 2020, under Sections 363, 366, 376 IPC, 3/4 POCSO Act & 3(2)(v)a, 3(2)(V) SC/ST Act, Police Station Manjhila, District Hardoi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

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(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.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 22.5.2023 Pradeep/-

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Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench

Sonu Sharma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Sonu Sharma v. State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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