JUDGMENT :

1. Shri Markandey Singh, learned A.G.A. for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served notices of the bail application upon the victim as well as the CWC.

2. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.169 of 2022 at Police Station-Khampar, District-Deoria under Sections 323, 354, 504, 506 I.P.C. and Section 7/8 POCSO Act. The applicant is in jail since 23.08.2022.

3. The bail application of the applicant was rejected by the learned Additional Sessions Judge/Special Judge (POCSO Act), Deoriya.

4. The following arguments made by Shri Brij Bhushan Prasad Shrivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:

(1). The victim was incorrectly depicted as a minor in the FIR only to implicate the applicant under the stringent provisions of the POCSO Act and cause his imprisonment.

(2). The victim is in fact a major.

(3). Medical examination to determine the correct age as per the latest scientific medical protocol was not got done by expert doctors from a reputed institute as the same would falsify the prosecution case.

(4). No allegation of abduction, inappropriate behaviour or forceful assault by the applicant has been made by the victim in her statement.

(5). There are material contradictions in the F.I.R. and the statements of the victim which discredit the prosecution case.

(6). The applicant does not have any criminal history apart from this case.

(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.

5. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

6. Let the applicant-Anil Kumar be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence or influence any witness during the trial.

(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.