CHAMAN SONKAR v. STATE OF U.P. THRU. SECY. HOME LKO. AND 3 OTHERS
BAIL/490/2025 · 2025-05-12
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117397 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117397 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27859 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 490 of 2025 Applicant :- Chaman Sonkar Opposite Party :- State Of U.P. Thru. Secy. Home Lko. And 3 Others Counsel for Applicant :- Pravin Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Pravin Singh, the learned counsel for the applicant, Sri Pranesh Kumar Sinha, the learned AGA for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No.477/2024, under Sections 137(2), 87, 64(2) of BNS & Section 5/6 of POCSO Act, Police Station Kotwali Nagar, District Raebareli. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 04.10.2024 it was stated that the applicant had enticed away the informant's daughter aged 17 years on 04.10.2024 and she had taken away some jewelry and Rs. 50,000/- cash with her. 4. In the statements of the victim recorded under Sections 180 & 183 BNSS, she stated that she knows the applicant for the past one year and loves the applicant and wanted to marry him. She had gone away from her home on her own on 04.10.2024. She had gone with the applicant to Sonipat where she married him in a temple. 5. The medico legal examination report of the victim
reveals no mark of injury or sign of use of force. The radiological examination of the victim was not conducted to ascertain her age. 6. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 26 years having no criminal history and he has been falsely implicated in the present case. 7. State has filed a counter affidavit opposing the bail application annexing therewith copies of the material collected during investigation and a copy of charge sheet dated 15.12.2024. 8.
Having considered the aforesaid facts and circumstances of the case and keeping in view the consistent statements of the victim wherein she has not levelled against the applicant, coupled with the fact that the applicant is a young man aged 26 years having no criminal history and he is languishing in jail since 24.10.2024 whereas the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime. 9. Accordingly, this bail application stands allowed. 10. Let the applicant-Chaman Sonkar be released on bail in the aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution
witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court. . Order Date :- 12.5.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench