Laddan @ Suheb v. State of U.P. and 3 Others

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45897 of 2023 Applicant :- Laddan @ Suheb Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Shiv Prakash Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA; Shri L.K. Bhatt, learned counsel for the informant and perused the record.

¶2The FIR in question was lodged alleging that the offence under Section 377 IPC was committed on the son of the informant aged about 6 years. Counsel for the applicant draws my attention to the medical report which does not indicate any injury on the body of the victim. He also draws my attention to the affidavits given by the informant stating that the FIR in question was lodged on account of they being by the villagers.

¶3Learned AGA has opposed the bail application.

¶4Considering the aforesaid affidavits as well as the medical report on record coupled with the fact that the applicant has no criminal antecedent, the applicant who is in custody since 31.05.2023, is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Laddan @ Suheb be released on bail in FIR No.190 of 2023, under Section 377 IPC & Section 5m/6 of POCSO Act, P.S. Pakbada, District Moradabad on his furnishing a personal bond with two sureties of Rs.25,000/- each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. Order Date :- 31.10.2023 nishant High Court of Judicature at Allahabad