Allowed

Sachin Sonkar v. State of U.P. Thru. Secy. Home Lko.

Allahabad HC21 Jun 2024BAIL/6525/2024

Case brief

AI extract

What is this about?

In a criminal bail application, the High Court allowed the applicant's bail despite opposite party objection. The court relied on the absence of medical evidence corroborating the complaint, the victim's refusal to medically examine, the applicant's clean antecedents, and the likelihood that bail would not adversely affect the trial.

What did the court decide?

The applicant Sachin Sonkar be released on bail in Case Crime No.106 of 2024 upon furnishing personal bonds and two reliable sureties of Rs.20,000/- each.

Sachin Sonkar vs State of U.P. Thru. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46642

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6525 of 2024

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Applicant :- Sachin Sonkar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Sunil Dixit Counsel for Opposite Party :- G.A.,Vimal Kishor Singh

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant, Shri Pramod Kant, Advocate holding brief of Shri Vimal Kishor Singh, learned counsel for the respondent complainant as well as learned A.G.A. and perused the record.

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Counter affidavits filed on behalf of the respondent complainant as well as learned A.G.A. are taken on record.

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In terms of the F.I.R. initially lodged under Sections 452 and 354(Gha) I.P.C., it was alleged that the applicant used to express his love for the victim and was trying to harass her at times. On 4.2.2024, he caught hold her hands and insisted her to marry.

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Learned counsel for the applicant has argued that as per the the statement under Section 161 Cr.P.C., the victim specifically stated that apart from harassment, no other thing was done to her. However, in the statement under Section 164 Cr.P.C., she alleged that on 4.2.2024, the applicant committed wrong on her. The age of the victim is 28 years. The victim has refused to undergo medical examination. The Whattsapp chats in between the applicant and the victim demonstrates their proximity. The applicant is in jail since 9.4.2024 having no criminal history, hence the applicant may be enlarged on bail.

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Learned A.G.A. has oppose the prayer for bail.

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Considering the fact that the statement under Section 164 Cr.P.C. is not corroborated by any

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medical evidence on record and the fact that the victim has refused to undergo medical examination and the fact that the victim is 28 years coupled with the fact that the applicant is in custody since 9.4.2024 having no criminal antecedents and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Sachin Sonkar be released on bail in FIR/ Case Crime No.106 of 2024, under Sections 452, 354(D), 376, 506 I.P.C., Police Station Kotwali, District Raebareli on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions :-

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(c) 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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Order Date :- 9.7.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Sachin Sonkar v. State of U.P. Thru. Secy. Home Lko.

Case brief

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Sachin Sonkar v. State of U.P. Thru. Secy. Home Lko.

Case brief

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