Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54849

of 2022

Applicant :- Bachcha Alias Pramod And Another

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Raj Kishor Pandey,Ashish Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

On 2.12.2022 notice was issued to the informant, as per the

office report dated 13.1.2023 notice has been served to the

informant, in spite of service of notice none appeared on behalf

of the informant.

Heard Sri Ashish Pandey, learned counsel for the applicant and

Sri Jhamman Ram, learned AGA for the State-respondent.

The instant application has been filed seeking release of the

applicant on bail in Case Crime No. 359 of 2022, under

Sections 377 IPC and 3/4 PASCO Act, Police Station- Baberu,

District- Banda, during pendency of the trial in the court below.

According to the FIR, applicants committed sodomy with minor

son of the informant aged about 9 years.

Learned counsel for the applicants submitted that the entire

allegations made against the applicants are totally false and

baseless and applicants never made any sexual intercourse

against the nature as alleged with minor son of the informant.

He further submitted that they have been falsely implicated in

the present matter due to village enmity. He further submitted

that undisputedly injured sustained neither any external injury

nor internal injury and according to the doctor also he did not

find any injury on the person of victim including around his

anal area. He next submitted that applicants are having no

criminal history and in the present matter, they are in jail since

13.9.2022.

Per contra, learned AGA opposed the prayer for bail and

submitted that in the statement of victim recorded under

Sections 161 Cr.P.C. and 164 Cr.P.C, he specifically alleged

against the applicants and stated that they committed offence of

sodomy with him, but could not dispute the fact that at the time

of medical examination of the victim no external and internal

injury was found.

I have heard learned counsel for the parties and perused the

record of the case.

Although, this is allegation against the applicants that they

committed sodomy with the minor son of the informant and

victim also alleged against the applicants in both the statements

recorded under Section 161 Cr.P.C. and 164 Cr.P.C. but when

the victim was medically examined then doctor did not find any

injury on his body including his anal area and applicants are not

having any criminal history and are in jail, in the present matter,

since September, 2022, therefore, in my view applicant is

entitled to be released on bail.

In the light of discussions made above, without expressing any

opinion on the merits of the case, the instant bail application is

allowed.

Let the applicant- Bachcha Alias Pramod And Another 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.

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.

Order Date :- 20.1.2023

KK Patel

Digitally signed by :-

KRISHN KANT PATEL

High Court of Judicature at Allahabad