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2025 DAILYLAW 137150 (ALL)

KARAN SONKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND 4 OTHERS

BAIL/3744/2025 · 2025-05-02

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25343 Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3744 of 2025 Applicant :- Karan Sonkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 4 Others Counsel for Applicant :- Rahul Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Rahul Dwivedi, learned counsel for the applicant, Ms. Nikita Mishra, learned A.G.A.-I 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.345 of 2024 under Sections 137(2), 87, 64(1) of B.N.S. & Section 3/4 of P.O.C.S.O. Act registered at Police Station- Harchandpur, District- Raebareli. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.11.2024 alleging that the informant's daughter had gone missing from her home since about 04:00 PM on 04.11.2024 and he came to know that the applicant had enticed her away. 4. In the statement of the victim recorded under Section 180 B.N.S.S., she stated that she knows the applicant for the past four years and she had made physical relations with him. She had left her home having become angry from her family members. 5. The victim declined to undergo medico-legal examination. As per the radio-logical examination of the victim, she is aged above 18 years. 7. In the statement of the victim recorded under Section 183 B.N.S.S., she stated that a quarrel had taken place between her and her uncle and aunt and therefore, she had gone away from her home with the applicant out of her own free will. She stayed with him as his wife and made physical relations with him. She further stated that she knows the applicant for the past four years and wants to marry him due to which a quarrel had taken place in her house. She also stated that she had gone to Allahabad with the applicant at an earlier occasion also about three months ago and made physical relations with him. The victim stated that she would marry the applicant upon attaining the age of majority. 8. In the affidavit filed in support of the bail application, it has been stated that the applicant is a young man aged 19 years having no criminal history and he has been falsely implicated in the present case. 9. Learned A.G.A. has vehemently opposed the bail application and on the basis of written instructions, he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 18.12.2024. 10. 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 any allegation against the applicant and that the applicant is a young man having no criminal history and he is languishing in jail since 08.11.2024 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. 11. Accordingly, this bail application stands allowed. 12. Let the applicant- Karan Shonkar 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. . [Subhash Vidyarthi, J.] Order Date :- 2.5.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench