Santosh Kumar Sonkar vs State Of U.P.

Heard learned counsel for the applicant and learned AGA for the State, and perused the record.

According to prosecution case,FIR was lodged against Santosh Kumar Sonkar alleging that daughter of Nandlal was kidnapped by him for marriage.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He has no criminal history. Prosecutrix in her statement under Section 164 Cr.P.C. stated that on the day of ''Laxmi Pooja'' her neighbours assaulted Santosh but the reason she did not know. Next day Santosh asked her to come to station; she reached there; then he advised her to suicide with him but she refused and subsequently she went to Tulsipur, where father of Nagendra has taken her to his house and she married Nagendra @ Mithun. The applicant is languishing in jail since 5.3.2017(more then 8 months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Santosh Kumar Sonkar involved in Case Crime No.2811 of 2016, under Section 363, 366 IPC and 7/8 of Protection of Children from the Sexual Offences, Police Station Purani Basti, District Basti be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:- 1. The applicant will not tamper with the evidence during the trial.

2.The applicant will not pressurize/ intimidate the prosecution witness.

3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

5.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.

In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.