Rakesh Sonkar Vs State of U.P. and 3 Others

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4578 of 2023

Applicant :- Rakesh Sonkar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pradeep Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised. As informed by learned A.G.A., notice has been served to the informant on 24.1.2023.

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Heard learned counsel for the applicant as well as Sri Rohit Dubey, learned A.G.A. for the State and perused the record.

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Applicant seeks bail in Case Crime No. 328 of 2022, under Sections 376, 323, 504, 506 I.P.C. and 3/4 POCSO Act, Police Station Nizamabad, District Azamgarh in Special Case No. 250 of 2022, during the pendency of trial.

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As per prosecution story, the applicant is stated to have entered into corporeal relationship with the informant on the false pretext of marriage. The applicant and the victim belong to different religion. When the informant/victim got pregnant as a result of the said corporeal relationship, the applicant is stated to have run away to Mumbai and refused to marry her.

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Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Learned counsel has further stated that the applicant is a bonafide person and had gone to Mumbai to do job. It is next stated that the applicant is madly in love with the victim and wants to marry her. Out of the said love and out of corporeal relationship, a baby boy has been born on 16.12.2022, which stands verified by the investigating officer. Learned counsel has also stated that the applicant is ready to marry her but due to social constraints, the said marriage could not take place. The applicant is ready to take care of her and the child.

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Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false

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implication of the applicant have also been touched upon at length. There is no criminal history of the applicant. The applicant is languishing in jail since 17.8.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Per contra, learned A.G.A. has vehemently opposed the bail application but unable to dispute the submissions raised by the learned counsel for the applicant.

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It is true that in the Indian Society, it is very uncommon and impermissible to marry within the same village, especially, in the Northern India, but the circumstances to the present case are altogether different. The two persons in their adolescent age have given birth to a male child. The child has come to his material world for no fault of his. Under the circumstances, it shall be very difficult for him to continue with his life and face the stigma during the rest of his life.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, pending trial and considering the complicity of accused, severity of punishment, at this stage, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant- Rakesh Sonkar involved in aforementioned case crime number be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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i. The applicant gets a fixed deposit account opened and deposit an amount of Rs. 1 lakh in the name of his newly born baby within a period of one month from his release, which shall be used solely for his upbringing and which shall be realized at the time of his attaining majority.

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ii. The applicant will not tamper with the evidence during the trial.

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iii. The applicant will not pressurize/ intimidate the prosecution witness.

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iv. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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v. The applicant shall not indulge in any criminal activity or

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commission of any crime after being released on bail.

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v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion on the testimony of the witnesses.

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Order Date :- 17.3.2023 Shalini

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Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad

Rakesh Sonkar v. State of U.P. and 3 Others

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Rakesh Sonkar v. State of U.P. and 3 Others

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