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2025 DAILYLAW 173898 (ALL)

CHANKI SONKAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

/4697/2025 · 2025-11-27

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. BAIL APPLICATION No. - 4697 of 2025 Court No. - 12 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant, learned AGA and perused the record. 2. The applicant seeks enlargement on bail in FIR No.496 of 2024, under Section 351(2), 109(1), 70(2) BNS & Section 5(g)/6 of POCSO Act, P.S. Gomti Nagar, District Lucknow. 3. In terms of the FIR it was alleged that daughter of the informant was going on an auto and the auto driver misbehaved with her and hit her head on a wall which resulted in substantial injury; no allegation of rape was levelled. However, in the statement under Section 183 BNSS, the victim stated that there were three persons, one of whom was named Sahil, and Sahil had committed wrong on her, and thereafter, her head was hit against a wall. Tentative age of the victim is around 18 years. 4. Learned AGA has opposed the bail application. 5. Considering the fact that there are huge inconsistencies in the FIR allegation and the statement and there is no allegation against the applicant of having caused the offence of rape, the applicant who is in custody since 06.10.2024 and has one criminal antecedent which is petty offence, is entitled to be enlarged on bail. In view thereof, the application is allowed. 6. Let the applicant Chanki Sonkar be released on bail in aforesaid FIR Versus Counsel for Applicant(s) : Anjani Kumar Srivastava Counsel for Opposite Party(s) : G.A. Chanki Sonkar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others .....Opposite Party(s) number on his furnishing a personal bond with two sureties of Rs.20,000/- each to the satisfaction of court concerned with the following conditions: (a) The applicant shall execute a bond to undertake to attend the hearings; (b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and (c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. November 27, 2025 nishant BAIL No. 4697 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench