Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37544 of 2021 Applicant :- Deepak Sonkar Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Chaudhary,Nuruddin Khan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
Facts in brief are that in the month of December, 2019 daughter of informant was coming back from school meanwhile in the way applicant alongwith co-accused Karan Patel met her and said that they would drop her to her home. Thereafter, they administered her cold drink and took her to hotel and she came back to her home by auto. After 2-3 days applicant threatened her to make viral obscene video said to be prepared by him while he established physical relations with her. When victim made complaint about it, the applicant threatened to kill her family members on face book on 01.06.2020 due to which present F.I.R. was lodged on 02.06.2020. During investigation the name of one Vikas was brought into light as an accused.
It is submitted that applicant is innocent and has been falsely implicated in this case. He has committed no offence. He never took the victim to any hotel nor he established physical relations with her and also no any obscene video was prepared by him. No any threatening was given on the face book by the applicant. There was no love relationship between both of them. Victim has herself stated in her statement recorded u/s 164 Cr.P.C. that this applicant has not made any relation with her but co-accused Vikas whose house was adjacent to the house of victim established physical relations with her on the threatening of making her obscene video viral. In this way, as per the statement of victim no allegation of rape has been made against the applicant. Co-accused Karan Patel @ Karan Kumar Patel has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.48405 of 2020. The case of this applicant also stands on similar footing to that of the co-accused. The applicant is languishing in jail since 03.06.2020 and in case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, submissions of the learned counsel for the parties, nature of the evidence on record, no allegation of rape against the applicant, the fact that co-accused Karan Patel @ Karan Kumar Patel has already been enalarged on bail by co-ordinate Bench of this Court and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Deepak Sonkar involved in Case Crime No.231 of 2020, under Sections 328, 376, 506, 342, 120B I.P.C.
& 3/4 of POCSO Act, Police Station Sigra, District Varanasi, be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Ashok Gupta