Allahabad High Court
Akash Sonkar vs State Of U.P. on 28 July, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:151427 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32007 of 2023 Applicant :- Akash Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Singh Counsel for Opposite Party :- G.A.,Shivam Shukla,Sushil Kumar Shukla Hon'ble Sameer Jain,J.
1. Heard Sri Amit Singh, learned counsel for the applicant; Sri Sushil Kumar Shukla, learned counsel for the informant and Dr. S. B. Maurya, learned AGA-I for the State-respondent.
2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.104 of 2023, under Sections 376, 313 IPC, Police Station Govind Nagar, District Kanpur Nagar, during pendency of the trial in the court below.
3. FIR of the present case was lodged against the applicant and her mother under sections 376, 313 IPC and according to the FIR, under the false promise of marriage, applicant was sexually exploiting the informant since 2018 and due to sexual exploitation, she also became pregnant and thereafter applicant and his mother caused her miscarriage and thereafter applicant refused to perform marriage with her.
4. Learned counsel for the applicant submitted that admittedly informant i.e. prosecutrix of the case is a major girl and even from the FIR and her both the statements recorded under sections 161 and 164 Cr.P.C., it reflects that she was a consenting party and except the bald and verbal allegation, there is no evidence on record which can show, applicant ever caused her miscarriage.
5. He further submitted actually applicant and prosecutrix were having love affair but subsequently, some dispute arose and therefore, their marriage could not be solemnized and after about five years, informant totally on the basis of false allegation lodged FIR of the present case.
6. He further submitted that applicant is having no criminal history and he is in jail in the present matter since 13.6.2023, therefore, he may be released on bail.
7. Per contra, learned AGA as well as learned counsel for the informant opposed the prayer for bail and submitted that from the FIR as well as from the statements of the victim recorded under sections 161 and 164 Cr.P.C. it appears that she was sexually exploited by the applicant under the false promise of marriage and applicant also caused her miscarriage but could not dispute the fact that informant of the present case is a major girl and except verbal and bald allegation, there is no evidence on record which can show that applicant caused her miscarriage.
8. I have heard learned counsel for the parties and perused the record of the case.
9. Although there is allegation in the FIR as well as in both the statements of the prosecutrix recorded under sections 161 and 164 Cr.P.C. that applicant sexually exploited her and also caused her miscarriage and subsequently refused to perform marriage with her but admittedly prosecutrix i.e. informant of the case is a major girl and she was having relationship with the applicant since 2018 and FIR of the present case was lodged in the year 2023.
10. Further although, there is allegation that applicant caused her miscarriage but except verbal and bald allegation, there is no allegation in this regard.
11. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is entitled to be released on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
13. Let the applicant-Akash Sonkar, be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 28.7.2023 Ankita