Suraj Sonkar v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46929 of 2023 Applicant :- Suraj Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Rishi Kant Rai,Jyoti Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Rishi Kant Rai, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 294 of 2023, under Sections 376, 417 IPC, Police Station Tarkulwa, District Deoria during pendency of the trial.

¶3FIR of the present case was lodged against the applicant on

29.09.2023 and according to the FIR marriage of the informant was performed with one Manjeet in the year 2017 but after the birth of the child, her husband left her and thereafter she came in contact with the applicant through Instagram and she started living with him and under false promise of marriage applicant sexually exploited her and subsequently refused to perform marriage with her.

¶4Learned counsel for the applicant submitted that entire story narrated by the victim is totally false and applicant never sexually exploited her and actually victim is major and married lady and it appears that with her consent she started living with the applicant but subsequently some dispute arose between both of them and thereafter FIR of the present case was lodged. He further submits that applicant is not having any criminal history and in the present matter he is in jail since 29.09.2023.

¶5Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that victim is major and married lady and she appears to be consenting party.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7Considering the fact that informant is major and married lady and her consent is evident from the FIR as well as from her both the statements, in my view, applicant is entitled to be released on bail.

¶8Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶9Let the applicant -Suraj Sonkar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶10In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶11It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 3.11.2023 AK Pandey High Court of Judicature at Allahabad