Court allowed bail application. Applicant alleged indulged in misbehavior with a child, charged under POCSO and IPC. Eyewitness turned hostile at trial. No criminal history; enlarging bail will not adversely affect trial.
Applicant released on bail on personal bond and two reliable sureties of Rs.20,000/- each.
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Neutral Citation No. - 2024:AHC-LKO:10113
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 63 of 2023
Applicant :- Baba @ Jagmohan Opposite Party :- State Of U.P. Thru. Secy. Home Civil Secrett. Lko. And Others
Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
2 . In terms of the FIR, it was alleged that on 17.10.2019 the daughter of the informant aged about three years was playing, when the applicant misbehaved with her, which was seen by one girl namely Puja.
3 . The counsel for the applicant argues that neither in the FIR nor in the statement recorded under Sections 161 & 164 Cr.P.C., allegations of rape were alleged, the only allegations was with regard to misbehavior, which is punishable under Section 354-A IPC read with Section 7/8 POCSO Act. It is further argued that during trial the eye witness has turned hostile and has not supported the prosecution story. The applicant has no criminal history and is in custody since 23.10.2019, as such, he may be enlarged on bail.
4. Learned A.G.A. opposed the bail prayer.
5. Considering the aforesaid facts coupled with fact that the applicant has no criminal history and is in custody since 23.10.2019 and there is nothing on record to demonstrate that the applicant if enlarged on bail, would in any way adversely
affect the trial and without expressing any opinion on merit, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed .
6. Let the applicant Baba @ Jagmohan be released on bail in FIR/ Case Crime No. 325 of 2019, under Section 376 IPC and Section 5(m)/6 POCSO Act, Police Station Sandana, District Sitapur, on his furnishing personal bonds and two reliable sureties of Rs.20,000/- each to the satisfaction of the court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(c) The applicant shall not directly or indirectly make any 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 or to any police ofÏcer or tamper with the evidence.
Order Date :- 2.2.2024 Arun
Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Baba @ Jagmohan
State Of U.P. Thru Secy. Home Civil Secrett Lko
Hon'ble Pankaj Bhatia,J.
Arun Kumar
As recorded by the court registry
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