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Jagdish vs State on 9 January, 2019



% Judgment delivered on: 09.01.2019

+ BAIL APPLN. 3055/2018

JAGDISH ….. Petitioner

STATE ….. Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Santosh Singh, Advocate.

For the Respondent : Ms. Kusum Dhalla, APP for the State.
ASI Hawa Singh, PS Nihal Vihar.




1. Petitioner seeks regular bail in FIR No.461/2017 under Sections
354/506 IPC and Section 12, POCSO Act, Police Station Nihal Vihar.

2. Allegations against the petitioner are that the petitioner had
misbehaved with the prosecutrix, who is aged 15 years. It is alleged that he
had undressed himself as well as the prosecutrix and when she shouted,
neighbours came and he was apprehended.

3. Learned counsel for the petitioner submits that the petitioner has
been falsely implicated. He submits that the prosecutrix in her evidence
before the Trial Court has not supported the version as recorded in the FIR

BAIL APPLN. 3055/2018 Page 1 of 2
and her statement under Section 164 Cr.P.C.

4. Further, it is contended that the maximum sentence which can be
imposed is 3 years and the petitioner has been in custody since 06.08.2017,
i.e, nearly 17 months.

5. Without commenting on the merits of the case and keeping in view
of the totality of facts and circumstances and also the fact that the petitioner
is alleged to have committed an offence under Section 354 IPC and Section
12 POCSO and maximum punishment that can be imposed can extend upto
3 years and the petitioner has already been in custody for 1 year 5 months
and trial is likely to take some more time, I am of the view that the
petitioner is entitled to grant of regular bail.

6. Accordingly, on petitioner furnishing a bail bond in the sum of
Rs.25,000/- with one surety of the like amount to the satisfaction of the
Trial Court, petitioner shall be released on bail, if not required in any other
case. Petitioner shall not do anything which may prejudice either the trial or
the prosecution witnesses. Petitioner shall not contact the prosecutrix or
her family.

7. Petition is disposed of in the above terms.

8. Order Dasti under signatures of the Court Master.

JANUARY 09, 2019/st

BAIL APPLN. 3055/2018 Page 2 of 2

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