A person accused of an offence under the POCSO Act is entitled to bail if there are material contradictions in the FIR, statements of the victim under Section 161 CrPC and Section 164 CrPC, which discredit the prosecution case.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52376

of 2022

Applicant :- Mool Chandra

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

Counsel for Applicant :- Raj Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Shri Munne Lal, learned AGA 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

the bail application upon the victim/legal guardian as

well as upon the CWC.

By means of this bail application the applicant has

prayed to be enlarged on bail in Case Crime No. 190 of

2022 at Police Station Civil Lines, District Etawah

under Sections 354 I.P.C. and Section 7/8 of POCSO

Act. The applicant is in jail since 14.05.2022.

The bail application of the applicant was rejected by

learned learned trial court on 26.07.2022.

The following arguments made by Shri Raj Kumar

Mishra, learned counsel on behalf of the applicant,

which could not be satisfactorily refuted by Shri Munne

Lal learned AGA from the record, entitle the applicant

for grant of bail:

(1). The F.I.R. is a fall out of the family dispute.

(2). The applicant, victim and the informant are the

relatives.

(3). There are material contradictions in the F.I.R.,

statements of the victim under Section 161 Cr.P.C. and

Section 164 Cr.P.C. which discredit the prosecution

case.

(4). The parents of the victim were present at the house

when the alleged incident happened.

(5). Exaggerated allegations were made subsequent to

the lodgement of the F.I.R. to fave the failing

prosecution.

(6). The applicant does not have any criminal history

apart from the instant 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.

In the light of the preceding discussion and without

making any observations on the merits of the case, the

bail application is allowed.

Let the applicant- Mool Chandra 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.

Order Date :- 5.1.2023

Dhananjai

Digitally signed by :-

DHANANJAI

High Court of Judicature at Allahabad