Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33521 of 2015 Applicant :- Bulbul Sonkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjai Singh,Brijesh Chandra Naik,Ram Krishna Paramhans Sin,Viresh Mishra Counsel for Opposite Party :- Govt. Advocate
Hon'ble Bala Krishna Narayana,J.
Heard Sri Viresh Mishra, Senior Advocate assisted by Mrs. Satya Srivastava, learned counsel for the applicant and learned A. G. A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No. 435 of 2015, under Sections-376 (D) and 504 I. P. C. and Sections-3(1), 12, 3 (2) and 5 of SC/ST Act at P. S.-Jafarabad, district-Jaunpur and is in jail since 7.8.2015, is seeking enlargement on bail during trial.
Learned counsel for the applicant submitted that as a counterblast to the F. I. R. lodged by the applicant's mother on 2.2.2015 against the real brother of the prosecutrix, Geeta Case Crime No. 133 of 2015, under Sections-147, 324, 325, 323 and 504 I. P. C. was registered. Neelam real sister of the prosecutrix, Neetu lodged an N. C. R. bearing No. 10/15, under Section 323 I. P. C. against the applicant and his family members. He has next submitted that not content with filing a false N. C. R. against the applicant and other family members, as a further counter blast to the criminal case filed by the applicant's mother against the prosecutrix's brother a highly belated application under Section 156 (3) Cr. P. C. was filed by the father of the prosecutrix on 24.2.2015 containing absolutely false and concocted allegations regarding commission of offences under Sections-376 (D) and 504 I. P. C. and Sections-3(1), 12, 3 (2) and 5 of SC/ST Act at P. S.-Jafarabad, district-Jaunpur by the applicant and two other person. Pursuant to the order passed by the concerned magistrate on the aforesaid application, F. I. R. was lodged against the applicant and two other persons on 15.5.2015 under Sections-376 (D) and 504 I. P. C. and Sections-3(1), 12, 3 (2) and 5 of SC/ST Act at P. S.-Jafarabad, district-Jaunpur. The presecutrix, who is admittedly major, in her statements recorded under Sections-161 and 164 Cr. P. C. supported the prosecution case but admitted the factum of pendency of the civil litigation and enmity between the two families. The medical report of the prosecutrix, Neetu does not at all corroborate the prosecution story and it is apparent that the applicant has been falsely implicated in the present case in view of the pendency of the civil litigation between the parties. Hence the applicant who is in jail and has no criminal antecedents to his credit, is entitled to be enlarged on bail.
Per contra, learned A. G. A. has vehemently opposed the prayer for bail.
Considering the submissions made by learned counsel for the applicant and learned A. G. A. for the State, this Court is of the view that the applicant has made out a case for grant of bail.
In view of the above, let the applicant, Bulbul Sonkar be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned in Case Crime No. 435 of 2015, under Sections-376 (D) and 504 I. P. C. and Sections-3(1), 12, 3 (2) and 5 of SC/ST Act at P. S.-Jafarabad, district-Jaunpur on the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him;
(b) 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.
Order Date :- 23.2.2018 / HR