The Allahabad High Court in its order dated May 29, 2024 granted bail to a young man accused of unnatural sexual offence against the minor son of the informant, after certain material facts were brought on record.
The accused had been in jail since October 2023.
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Case:
A 19-year-old man had been arrested last year after an FIR was lodged against him for committing unnatural sexual offence against the son of the informant who was about 8-years-old.
Citing false case against the accused, the present application was filed seeking release of the applicant on bail who had been charged under Sections 377 IPC & 5m/6 POCSO Act.
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Submissions by Accused
Advocate Shailendra Singh and Advocate Ashish Kumar Chaurasiya, counsels for the applicant, argued that their client had been charged in a false case by the informant. It was further stated:
The (minor) victim in his both the statements recorded during the investigation had accused the applicant, but in his statement under Section 164 Cr.P.C., he also stated that some dispute arose between applicant and his father and this fact shows that the relationship of applicant and informant was not cordial…
Only due to this dispute it appears that applicant has been made accused in the present matter.
The counsels also defended their client stating that the medical report of the victim suggests that doctor noted one abrasion on his annul region, but injury was simple and after considering injury, it cannot be ruled out that it was not caused due to hardness of stool.
It was also brought to the notice of the Court that the accused did not have any criminal history and had been in jail since October 27, 2023.
Defense by State
Imran Khan, Additional Government Advocate (AGA) for the State opposed the bail. However, he could not dispute that the accused did not have any past criminal history and that he had been behind bars for the last six months.
On the other hand, Khan apprised the Court that on May 06, 2024, a notice had been served to the informant of the case. Despite serving this notice, no one had appeared on behalf of the informant.
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Allahabad High Court
Justice Sameer Jain of the Allahabad High Court went through facts on record and observed:
As per allegation, applicant committed unnatural sexual offence against the son of the informant aged about eight years and victim in his both the statements recorded under Sections 161 Cr.P.C. and 164 Cr.P.C. also stated against the applicant.
From the medical report of the victim, it also reflects that doctor noted one abrasion on his annul region, but considering the abrasion sustained by the victim, the argument advanced by learned counsel for the applicant that this abrasion can even be caused by hardness of the stool cannot be completely ruled out at this stage.
The High Court noted that the accused did not have any criminal record in the past and had been in jail since October 2023. Thus, considering the facts and circumstances of the case, the applicant was released on bail without expressing any opinion on the merits of the case.
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READ ORDER | Allahabad High Court Grants Bail To 19-Year-Old Man In POCSO Case After He Spends Six Months In Jail
— Voice For Men India (@voiceformenind) June 27, 2024
▪️Medical Report: Doctor noted one abrasion on victim's annul region, but abrasion due to hardness of stool cannot be completely ruled outhttps://t.co/gIi0yVy4IP
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