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Allahabad High Court · body

2016 DIGILAW 1059 (ALL)

Ramesh Sonkar v. State of U. P.

2016-03-28

BACHCHOO LAL

body2016
JUDGMENT Bachchoo Lal,J. Sri Virendra Kumar Yadav, Advocate filed vakalatnama on behalf of complainant be taken on record. 2. Heard learned Counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant and perused the record. 3. Learned counsel for the applicant submits that in medical report the age of the victim has been shown about sixteen to below seventeen and half years. In fact at the time of the alleged incident the victim was major. Prior to the alleged incident another F.I.R. was also lodged by mother of victim against Vicky Prajapati and four others in which the allegation of rape was made against Vicky Prajapati. Thereafter, this false F.I.R. has also been lodged by the mother of victim. It has further been submitted that the applicant has not committed the alleged offence. The statements of victim recorded under Sections 161 & 164 Cr.P.C. are not believable. The medical report also does not corroborate the prosecution version. No video clip has been recovered from the possession of the applicant or on his pointing out. False story has been concocted by the victim. There is no criminal history of the applicant and he is in jail since 05.11.2015. 4. Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that at the time of the alleged incident the victim was minor and the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail. 5. Having given my thoughtful consideration to the submission of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail. 6. Let the applicant Ramesh Sonkar involved in Case Crime No.291 of 2015, Under Sections 376, 506 IPC and 3/4 of POCSO Act, Police Station Bhelupur, District Varanasi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions: 1. The applicant will not tamper with the evidence. 2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. 3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned. The applicant will not tamper with the evidence. 2. The applicant will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. 3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned. In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.