Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28243 of 2021 Applicant :- Rajan Sonkar Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Dharmendra Kumar Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Shukla
Hon'ble Raj Beer Singh,J.
Heard Sri Dharmendra Kumar Singh, learned counsel for the applicant, Sri Brahmanand Upadhyay, holding brief of Sri Rajesh Kumar Shukla, learned counsel for the first informant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 113/2021, under Sections 366, 376, 504, 506 IPC & Section 5/6 of POCSO Act, police station Kotwali, District Jaunpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that the accused-applicant is innocent and he has not committed any offence. It was submitted that prosecutrix is a married lady, aged 21 years and that her version that when she was aged 17 years, applicant has established physical relations with her and he has prepared a video clip and later on he has physically exploited her on the basis of said video clip, is false and baseless. Learned counsel has referred statements of prosecutrix recorded under Sections 161 and 164 Cr.P.C. and submitted that allegations of prosecutrix are thoroughly false and improbable. It was further submitted that alleged first incident of rape has been shown of four years prior to the lodging of FIR, but there is no such clarification that why the report was not lodged for such long period of four years. It was further submitted that during investigation, no video clip of prosecutrix has been seized or found and thus, the version of prosecutrix that applicant was physically exploiting her on the basis of some video clip is false and baseless. It was further submitted that in fact applicant is aged merely 21 years, whereas prosecutrix is aged about 23 years and that her version is thoroughly false and baseless. It has further been argued that the applicant is in judicial custody since 12.04.2021, having no criminal history and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. as well as learned counsel for the first informant have opposed the prayer for bail.
Considering the submissions of learned counsel for the parties, facts of the case, nature of allegations, period of custody and all attending facts and circumstances of the case, without expressing any opinion on the merits of the case, the Court is of the opinion that a case for bail is made out. Hence, the bail application is hereby allowed.
Let the applicant Rajan Sonkar involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 23.9.2021 Anand