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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. – 2023:AHC-LKO:62816
Court No. – 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 11698 of 2023
Applicant :- Pawan Kesarwani
Opposite Party :- State Of U.P. Thru Prin.Secy. Home And 3 Others
Counsel for Applicant :- Atul Verma,Hari Krishna Verma
Counsel for Opposite Party :- G.A.
Hon’ble Subhash Vidyarthi,J.
1. Heard Sri Atul Verma, the learned counsel for the applicant, and Sri Jayant Singh Tomar learned AGA for the State and perused the records.
2. The instant application has been filed seeking release of the applicants on bail in Case Crime No.79 of 2023, under Section 354 IPC and Section 9/10 of POCSO Act, Police Station Qaiserbagh, District Lucknow.
3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.07.2023 alleging that the applicant lives in house situated opposite to the informant’s house, he called the informant’s daughter aged about 9 years to his home and touched her inappropriately and kissed on her lips. The victim has supported the FIR allegations in her statements recorded under Sections 161 and 164 Cr.P.C.
4. Learned counsel for the applicant stated that the statement under Section 164 Cr.P.C mentions that the victim’s mother was present at the time of recording of her statement, which indicates a reasonable probability of victim being in influence of her mother at the time of recording of her statement.
5. In the affidavit filed in support of the application, it has been stated that the applicant has been falsely implicated in the present case and he is an innocent person having no criminal history.
6. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.
7. Having considered the aforesaid facts and circumstances of the case, coupled with the fact that the applicant is 50 years old person having no criminal history and he is languishing in jail since 05.07.2023 and the offences alleged carry a maximum punishment of upto 7 years, without making any observation, which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail in the present case.
8. Accordingly, this bail application stands allowed.
9. Let the applicant-Pawan Kesarwani be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
(Subhash Vidyarthi,J.)
Order Date :- 27.9.2023
Harshita