Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41173

of 2022

Applicant :- Golu

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

Counsel for Applicant :- Indra Raj

Counsel for Opposite Party :- G.A.,Neha Gupta,Ravindra

Kumar Pandey

Hon'ble Sameer Jain,J.

1. Heard Sri Deepak Kumar, Advocate, holding brief of Sri

Indra Raj, learned counsel for the applicant, Sri Shashi Kant

Rai, Advocate, holding brief of Sri Ravindra Kumar Pandey,

learned counsel for informant and Dr. S.B. Maurya, leaned

AGA-I for the State.

2. The instant application has been filed seeking release of the

applicant on bail in Case Crime No. 242 if 2022, under Sections

377, 511 IPC & Section 18 Protection of Children From Sexual

Offenes (POCSO) Act, 2012, police station - New Agra, District

- Agra during pendency of the trial in the court below.

3. As per the FIR the allegation against the applicant is that he

forcefully made a sex against nature with a 8-years old boy who

was his nephew in relation.

4. Learned counsel for the applicant submitted that applicant

has been falsely implicated in the present matter due to property

dispute between the parties. He never committed the alleged

offence.

5. He next submitted that only allegation against applicant is

that he tried to make forceful anal intercourse against the boy of

8-years old against his wish. He next submitted that applicant is

having no previous criminal history and he is in jail since

28.7.2022 and considering his long incarceration, he maybe

released on bail.

6. Per contra, learned AGA and learned counsel for opposite

party no. 2 opposed the prayer for bail and submits that

applicant committed heinous offence. He tried to make forceful

anal intercourse with a 8-years old boy against nature and there

is medical report of the victim which shows, he sustained injury

in his anal area therefore he is not entitled to be released on

bail.

7. I have heard learned counsel for the parties and perused the

record of the case.

8. Applicant is the Uncle of the victim, a 8-years old boy, in

relation and as per allegation he did forceful anal intercourse

with the boy and as per medical report of the victim tear was

present at 12' O Clock position on the anus. In statement

recorded under Section 161 and 164 Cr.P.C. the victim

specifically stated that his Uncle (applicant) tried to make

unnatural sexual intercourse with him and suddenly his mother

arrived and mother also stated that applicant was found on spot

while he was trying to commit instant offence.

9. Therefore, considering allegation and relationship of

applicant with victim, applicant is not entitled to be released on

bail.

10. The bail application is accordingly rejected.

Order Date :- 2.1.2023

S.K.S.

Digitally signed by :-

SUNIL KUMAR SINGH

High Court of Judicature at Allahabad