Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65494
Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44501 of 2024 Applicant :- Happy Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Ram Raj Pandey,Shashi Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Ram Raj Pandey, learned counsel for applicant, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.
3. Learned A.G.A. has informed that the notice to the informant has been served on 03.12.2024.
4. The present bail application has been filed by the applicant in Case Crime No.136 of 2024, under Section 65(2) B.N.S. and Section 5(M)/6 POCSO Act, Police Station Chhatta, District Agra with the prayer to enlarge him on bail.
5. Learned counsel for the applicant has stated that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the said offence. Learned counsel has further stated that the applicant is in jail since 07.10.2024 and he is ready to cooperate with trial. In case, the applicant is released on bail, he will not misuse the liberty of bail.
6. Per contra, learned A.G.A. has vehemently opposed the bail application on the ground that the instant case is of mental depravity as the victim is 3 years old only and the applicant is stated to have committed sexual harassment and aggravated sexual assault with her, as such, he is not entitled for bail. The applicant is stated to be a drunkard.
7. After hearing learned counsel for the parties and taking into
consideration the said circumstances that the victim is 3 years old and the offence speaks volume of mental depravity, I do not find it
a fit case for grant of bail to the applicant.
8. The bail application is found devoid of merits and is, accordingly, rejected.
9. It is clarified that the observations made herein are limited to the
facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial.
Order Date :- 28.4.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad