Criminal Misc. Bail Application allowed. Court granted bail to Sharif in a case alleging unnatural sex with a minor under IPC and SC/ST Act, noting contradictions in statements and absence of criminal history.
Ordered release of the applicant on bail by furnishing a personal bond and two sureties.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34355 of 2020
Applicant :- Sharif Opposite Party :- State Of U.P And Another Counsel for Applicant :- Shesh Narain Mishra,Deepak Singh Patel,Mohd Shamim Khan,Satyendra Narayan Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
1.Heard Sri Mohd Shamim , the learned counsel for the applicant, Sri D.K. Srivastava, the learned Additional Government Advocate and perused the record.
2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 95 of 2020, under Sections 377, 504, 506 IPC, Section 3(2)(V), 3(1)(Gh) SC/ST Act and Section 3/4 Protection of Children from Sexual Offences Act, Police Station Rudhauli, District Basti.
3.The aforesaid case has been registered on the basis of an FIR lodged on 12.06.2020 alleging that the applicant had unnatural sex with informant's minor son and had sodomised him.
4.In the medico-legal examination of the victim, no external mark or injury have been found on any part of his body.
5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 14.06.2020. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.
6.The learned counsel for the applicant has drawn attention to the statements of the alleged victim, the informant and so called independent witness and he has pointed out that there are major contradictions in the statements.
7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.
8.Having considered the aforesaid facts and circumstances and keeping in view the fact, prima facie it appears at this stage that the contradictions in the FIR version and the statements of the informant, the alleged victim and the independent witness make out a case for enlargement of applicant on bail, more particularly when the applicant has no criminal history and
keeping in view the fact that he is languishing in jail since 14.06.2020, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.
9.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed.
10.Let the applicant Sharif be released on bail in Case Crime No. 95 of 2020, under Sections 377, 504, 506 IPC, Section 3(2) (V), 3(1)(Gh) SC/ST Act and Section 3/4 Protection of Children from Sexual Offences Act, Police Station Rudhauli, District Basti on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.
Order Date :- 17.10.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.10.21 10:24:12 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be released on bail given contradictions in witness statements and lack of criminal history.
Whether to grant bail in a case alleging unnatural sex and sodomy under relevant criminal provisions.
3 provisions across 2 enactments
Sharif
State Of U.P
Other
Subhash Vidyarthi
Ashish Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
