Shiva @ Shiva Sonkar v. State Of U.P. Thru. Prin. Secy. Home Lko

Applicant :- Shiva @ Shiva Sonkar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Akash Tiwari, Shivam Srivastava, Vikas Yadav Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail during the trial in Case Crime No. 266 of 2024, under Section 75 of BNS, Police Station Ayodhya Cantt, District Ayodhya/Faizabad. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that there is unexplained delay of about one month in lodging the FIR and the prosecutrix is major being 20 years of age.

He further submits that from perusal of the statement of the prosecutrix it is evident that she was roaming freely with the applicant and other accused persons without raising any alarm. Adding his argument, he submits that the statement of the prosecutrix under Section 183 of BNSS is improved. He next added that co- accused, namely, Shariq, having similar role to that of present applicant, has already been enlarged on bail by this Court vide order dated 17.12.2024 passed in Criminal Appeal No. 3612 of 2024 and the present applicant is also seeking parity of the same. He also added that the chargesheet has been filed in the matter, therefore, there is no possibility that the applicant would flee away from the investigation proceeding. He next submits that the applicant has 6 cases criminal history which has been explained and he is languishing in jail since 25.08.2024 and he undertakes that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings.

Thus, submission is that the applicant may be enlarged on bail. Per contra, learned AGA appearing for the State has opposed the contentions aforesaid and has submitted that the applicant is involved in committing the offence and as such, he is not entitled for bail. Having considered the submissions of learned counsels for the parties and after perusal of the record, it transpires that the prosecutrix is a major girl; the FIR of the case has been lodged with inordinate delay; the prosecutrix was roaming along with the applicant and other accused persons freely without raising any alarm; the co-accused, having similar role to that of present applicant, has already been released on bail; criminal history of the applicant has been explained and the applicant is languishing in jail since 25.08.2024 and he has undertaken that he will not misuse the liberty of bail, if granted and would cooperate in the trial proceedings.

Considering the submissions of learned counsels for the parties, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and considering larger mandate of the Article 21 of the Constitution of India and, without expressing any view on the merits of the case, I find it to be a fit case of bail. Let the applicant-Shiva @ Shiva Sonkar involved in the aforementioned crime 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 shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, or otherwise during the investigation or trial; (2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code; (3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and (4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case. Order Date :- 20.1.2025 kkv/ KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench