Allowed

Mukesh Sonkar @ Jimmi v. State of Up and Another

Allahabad HC4 Jul 2024ABAIL/6134/2024

Case brief

AI extract

What is this about?

Single-judge Anticipatory Bail of Allahabad High Court granted anticipatory bail to Mukesh Sonkar @ Jimmi under Section 438 Cr.P.C. in a matrimonial dispute pending police report submission, subject to standard conditions and a bond of Rs. 50,000.

What did the court decide?

Granted anticipatory bail pending submission of police report on personal bond of Rs. 50,000 with two sureties subject to conditions.

Mukesh Sonkar @ Jimmi vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:114166

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Court No. - 72

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 6134 of 2024

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Applicant :- Mukesh Sonkar @ Jimmi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avanindra Kumar Mishra,Vijendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State. Perused the material placed on record.

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This application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 61 of 2024, under Sections 498-A, 323, 504, 506, 376, 377 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Shivpur, District Varanasi.

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Learned counsel for the applicant submits that matter arises out of matrimonial discord between the co-accused Vikas Sonkar and informant. The applicant is the brother-in-law of the informant. He has been falsely implicated in the instant case. The applicant did not persuade the informant to convert to another religion. The husband of the applicant has been granted anticipatory bail by this Court vide order dated 08.07.2024 passed in Criminal Misc. Anticipatory Bail Application No. 6051 of 2024. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

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Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant- Mukesh Sonkar @ Jimmi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:-

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(i) The applicant shall make himself available for interrogation by a police officer as and when required;

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(ii) 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 from disclosing such facts to the Court or to any police officer;

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(iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned.

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In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.

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The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.

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The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.

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The application stands disposed of.

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Order Date :- 18.7.2024 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

Mukesh Sonkar @ Jimmi v. State of Up and Another

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Mukesh Sonkar @ Jimmi v. State of Up and Another

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