Rajesh Sonkar v. State of U.P. Thru. Prin.Secy. Deptt. of Home and 3 Other

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9370 of 2023 Applicant :- Rajesh Sonkar Opposite Party :- State Of U.P. Thru. Prin.Secy. Deptt. Of Home And 3 Other Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Brij Raj Singh,J.

¶1Notice has been served upon opposite party no. 2, but none is present before the Court.

¶2Heard Shri Ravindra Shukla, learned counsel for the accused-applicant as well as Shri Vishwas Saraswat, learned A.G.A for the State and perused the record.

¶3This bail application has been filed seeking release of accused/applicant Rajesh Sonkar on bail, who is involved in Case Crime No. 174 of 2022, under Sections 363, 376 I.P.C. & 3/4 of Protection of Children from Sexual Offences Act, 2012, Police Station Kurebhar, District Sultanpur.

¶4Learned counsel for the applicant submitted that P.W.-1, complainant i.e. father of prosecutrix he has not supported the version of the F.I.R and has been declared hostile. He has further drawn attention of the court towards the statement of P.W.2 i.e the prosecutrix, wherein she has deposed that the applicant did not entice or threaten her and nothing wrong was done by him. She further deposed that she had gone to the in-laws' house of her sister out of her free will. She further stated that the statement under Section 161 Cr.P.C was given by her at the behest of the Police. The statements of P.W.-1 and P.W.-2 have been filed along with the supplementary afÏdavit dated 04.10.2023, filed by learned counsel for applicant.

¶5Learned counsel for the applicant further submitted that since the fact witnesses, P.W.-1 and P.W.-2 i.e. have been declared hostile, the presumption goes in favour of the applicant and at the present moment, it cannot be inferred that the applicant had committed any offence, thus, the applicant is entitled to be released on bail. There is no criminal history against the applicant and he is languishing in jail since 19.08.2022.

¶6Learned A.G.A. has opposed the prayer for grant of bail but he could not dispute the fact that P.W.-1 and P.W.-2 have become hostile.

¶7Considering the facts and circumstances of the case, by perusing the record, considering the nature of allegations, arguments advanced by the learned counsel for the parties, the argument that P.W.-1 i.e. father of prosecutrix and P.W-2, the prosecutrix have been declared hostile and they have not supported the prosecution case, I find it to be a fit case for grant of bail.

¶8Accordingly, the bail application is allowed.

¶8Let the accused/applicant Rajesh Sonkar involved in above-mentioned case be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case,

(ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

¶10It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order. Order Date :- 12.10.2023 DiVYa High Court of Judicature at Allahabad, Lucknow Bench