Nandram v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28623 of 2019

Applicant :- Nandram Opposite Party :- State Of U.P. Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Ramesh Kumar, learned counsel for the applicant, Sri Mohd. Shoaib Khan, learned A.G.A. for the State and perused the material on record.

The instant bail application has been filed on behalf of the applicant, Nandram with a prayer to release him on bail in Case Crime No. 330 of 2019, under Sections 354-ka, 354kha, 506 I.P.C. and Section 7/8 POCSO Act, Police StationKotwali, District- Lalitpur , during pendency of trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further argued that as per the allegation made in the F.I.R., when the victim was alone in her house, the applicant entered into her house and molested her. Subsequently, the same version has been reiterated in her statement under Section 164 Cr.P.C, however, the victim herself has refused to get herself medically examined. It is further argued that one day prior to the lodging of the F.I.R., there was a dispute between the applicant's mother and informant's wife, hence in order to take revenge, the present F.I.R. has been lodged with false and frivolous allegations. The applicant is languishing in jail since 06.05.2019. The applicant does not have any previous criminal history. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.