Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10926 of 2018 Applicant :- Arjun Urf Jitendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged by the informant against the applicant alleging that on 21.1.2018 he attempted to make unnatural offence with one of complainant Manoj Pasariya and voluntarily has attempted to carnal intercourse against the order of nature.
It has been submitted by the learned counsel for the applicant that there is no evidence to connect the applicant with the present matter. Entire prosecution story is false and fabricated. Applicant is innocent and has been falsely implicated in the present case. There is no independent witness. Offence under Section 377 IPC is not made out against the applicant. According to the statement of the victim only attempt was made. F.I.R. was lodged under Section 377, 511 IPC and 4/18 POCSO Act. He is young boy and aged about 19 years. There is no medical evidence in support of prosecution case. He is languishing in jail since 22.1.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
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 opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant Arjun Urf Jitendra involved in the Case Crime No. 36 of 2018, under Sections 377, 506 IPC and Section 3/4 POCSO Act, P.S. Sadar Bazar, District Saharanpur be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the 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.
Order Date :- 23.3.2018//A. Singh