This Court granted bail to Satish Verma accused of molestation and POCSO offenses, finding him fit for release on personal bond and two sureties after perusing the record and noting no medical injury was found.
Released on bail upon executing personal bond and furnishing two sureties with specific conditions.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39550 of 2022
Applicant :- Satish Verma Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajesh Kumar Singh,Deepak Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
By means of this application, the applicant, Satish Verma, who is involved in Case Crime No. 135 of 2022, under Sections 354A of IPC & Sections 7/8 POCSO Act, Police Station Obra, District Sonbhadra and is in jail since 15.07.2022, is seeking enlargement on bail during the trial.
As per the prosecution story, when the daughter of informant went to attend to nature's call in front of Araya Samaj Aaro Plant then applicant came there and caught and molested her daughter and when she cried then informant came there and applicant ran away.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. It is further submitted that there is some money dispute between the parties and applicant has given Rs.10,000/to the informant for operating her vegetable shop and when applicant demanded his money then the informant has not returned the money of the applicant and due to this reason some hot talk were taken place between the parties. It is further submitted that there is no previous criminal history against the applicant. It is further submitted that the applicant is languishing in jail since 15.07.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
From the perusal of the record, it appears that statement of victim under section 164 Cr.P.C. has been recorded in which she has stated that both are the Facebook friends and victim was medically examined by the doctor, but no injury was found.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.
In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before he is accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 19.10.2022
A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.10.21 11:41:35 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted to the applicant charged under Section 354A of IPC and Sections 7/8 POCSO Act during the pendency of trial.
Satish Verma
Gajendra Kumar
As recorded by the court registry
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