Shyam Sunder Musahar v. State of U.P.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2970 of 2019

Applicant :- Shyam Sunder Musahar Opposite Party :- State of U.P. Counsel for Applicant :- R.B.Pal,Umesh Kumar Pal Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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

The present bail application has been filed by the applicant in Case Crime No. 325 of 2017, under Sections 354 I.P.C. and under Section 7/8 of Protection of Children From Sexual Offence Act (POCSO Act)-2012, Police Station Kotwali, District Deoria with the prayer to enlarge the applicant on bail.

It has been argued by the learned counsel for the applicant that the alleged incident has been shown of 09.05.2017 at 12.00 P.M. but the FIR has been lodged on 20.05.2017 at 11.15 A.M. and that applicant has been falsely implicated in this case. It was pointed out that as per medical examination report, the victim girl has not sustained any injury and that mere allegation against the applicant is that he torn the clothes of victim girl with intention to molest her. It was further submitted that applicant is languishing in jail since 09.10.2018, having no criminal history. It was further submitted that in case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. has opposed the prayer for bail.