An accused can be released on bail if the court finds that the allegation against him/her appears improbable and he/she has no criminal history and has been in jail for a considerable period of time.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. -

53423 of 2022

Applicant :- Ravi

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

Counsel for Applicant :- Rajeev Kumar Pal

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

As the matter pertains to POCSO Act, therefore,

notice has been issued to the informant. As per

office report dated 03.01.2023, notice issued to

the informant, has been served. In spite of service

of notice, none has appeared on behalf of

informant.

Heard Sri Rajeev Kumar Pal, learned counsel for

the applicant and Sri Jhamman Ram, learned AGA

for the State.

The instant application has been filed seeking

release of the applicant on bail in Case Crime No.

201 of 2022, under Sections 452, 354 IPC and

9(m) 10 POCSO Act, Police Station Bhavanpur,

District Meerut, during pendency of the trial in the

court below.

According to the First Information Report, the

applicant made sexual assault upon the niece of

the informant aged about 12 years.

Learned counsel for the applicant submits, entire

allegation made against the applicant is totally

false and baseless and due to some dispute arose

between the parties he has been implicated in the

present case. He further submits that even from

the perusal of the statement recorded under

Sections 161 and 164 Cr.P.C. it appears that entire

allegations made against the applicant are false

and no reliance can be placed on such application.

He further submits that applicant is not having

criminal history and he is in jail since 22.6.2022.

Per contra, learned AGA although opposed the

prayer of the applicant but could not dispute the

fact that allegation of such a nature which appears

to be improbable and applicant, in the present

case, is in jail since 22.6.2022 and he is not having

any criminal history.

I have heard learned counsel for the parties and

perused the record of the case.

Although there is allegation against the applicant,

he tried to outrage the modesty of minor girl aged

about 10 to 12 years and also made sexual

assault, but allegation made against applicant

appears to be improbable, therefore, considering

the fact that applicant is having no criminal history

and he is in jail since 22.6.2022, in view of this

Court, it is a fit case to release the applicant 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 - Ravi 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 :- 10.1.2023

Puspendra

Digitally signed by :-

PUSPENDRA NARAYAN SINGH

High Court of Judicature at Allahabad