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Allahabad High Court
Suraj vs State Of Up And 3 Others on 5 April, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. – 2024:AHC:59953
Court No. – 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. – 7408 of 2024
Applicant :- Suraj
Opposite Party :- State Of Up And 3 Others
Counsel for Applicant :- Rudra Kant Mishra
Counsel for Opposite Party :- G.A.
Hon’ble Sameer Jain,J.
1. On 04.03.2024 notice was issued to the informant of the case. As per the report of CJM concerned dated 18.03.2024, notice has been served to the informant. Dr. S.B. Maurya, leaned AGA-I for the State also apprised the Court that notice has been served to the informant on 20.02.2024. Despite service of notice, none appeared on behalf of the informant.
2. Heard Sri Rudra Kant Mishra, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.
3. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 147 of 2023, under Section 377 IPC 5M/6 POCSO Act, Police Station- Robertsganj, District- Sonebhadra, during pendency of the trial in the court below.
4. FIR of the present case was lodged against applicant and according to FIR, applicant committed unnatural sexual intercourse with the son of the informant aged about two years.
5. Learned counsel for the applicant submitted that on the basis of false allegation only due to village party bandi, applicant has been made accused in the present matter and he never committed the alleged offence. He further submitted that applicant is himself 18 years’ old boy. He further submitted that however, as per doctor linear abrasion was found near the anas of the victim but no bleeding was noted. He further submitted that even due to hard stool this injury can be caused, which is very common in the children.
6. He further submitted that applicant is not having any criminal history and he is in jail since 26.03.2023 i.e. for last more than a year and till date, trial of the case is pending and not even a single prosecution witness could be examined.
7. Per contra, learned AGA however, opposed the prayer for bail but could not dispute the fact that applicant is not having any criminal history and he is in jail since 26.03.2023 i.e. for more than a year. He further could not dispute the fact that applicant was also aged about 18 years at the time of incident.
8. I have heard learned counsel for the parties and perused the record of the case.
9. However, as per allegation, applicant committed Sodomy against two years’ old son of the informant and according to doctor, around the anas of the victim one linear abrasion was also found but doctor did not find any bleeding. Further, argument advanced by by learned counsel for the applicant that due to hard stool this abrasion can be sustained, cannot be completely ruled out at this stage considering the tender age of the victim.
10. Further, applicant also appears to be aged about 18 years at the time of alleged incident and in the present matter, he is in jail since 26.03.2023 i.e. for more than a year. Further, applicant is not having any criminal history.
11. Therefore, considering the facts and circumstances of the case discussed above, particularly the fact that at the time of incident applicant was aged about 18 years and he is in jail for more than a year, in my view applicant is entitled to be released on bail.
12. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
13. Let the applicant- Suraj 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 the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
14. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
15. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 5.4.2024
KK Patel
