Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6262 of 2018 Applicant :- Amresh Kumar Singh @ Hanuman Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghawendra Singh,Lallan Prasad Singh Counsel for Opposite Party :- G.A.,Kamlesh Kumar Tiwari
Hon'ble Vivek Kumar Singh,J.
Heard Sri Raghawendra Singh, learned counsel for the applicant and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.
According to the prosecution case the complainant lodged report against the applicant alleging that his minor son aged about 11 years namely Amreh Kumr Singh @ Chhotu had gone to participate in a marriage of daughter of one Arun Mishra and thereafter he was lifted by the applicant to his house where the applicant committed unnatural sex with him.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to village party-bandi and he has committed no offence. It is next contended that the F.I.R. is unduly delayed for one day for which no plausible explanation has been given by the prosecution. The victim was medically examined, but no injury was found on his person and no spermatozoa was seen by the doctor. There is no independent witness of the alleged occurrence.Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 28.11.2017. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant Amresh Kumar Singh @ Hanuman Singh involved in Case Crime No.673 of 2017, under Sections 377, 506 I.P.C. & Sec.3/4 POCSO Act, Police Station Bairiya, District Ballia be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions.
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 24.4.2018 IA