Arshad v. State of U.P. and Another

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27826 of 2021 Applicant :- Arshad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.

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

This application has been filed seeking prayer for bail on behalf of applicant, involved in Case Crime No. 19 of 2021, under Section 377 IPC and Section 3A/4 POCSO Act and Section 67B of Information Technology Act, P.S. Kolhui, District Maharajganj.

As per prosecution version, accused is alleged to have committed unnatural offence with the minor son of the informant who is aged about eight years and has further made the video viral.

Learned counsel for the applicant has submitted that applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next submitted that there is no date of incident mentioned in the first information report. Applicant is in jail since 3.2.2021, as such he be released on bail.

Per contra, learned AGA has vehemently opposed the prayer for bail and has drawn the attention of the Court to the statement of the victim recorded under Section 164 Cr.P.C. in which he has categorically stated that the applicant Arshad and Aakash are said to have committed unnatural sex upon him and they had also made the videography of the said acts.

In view of above and looking to the specific role assigned to the applicant, gravity of the offence, severity of punishment and complicity of the applicant, in my opinion no case for bail is made out.