CRLA/490/2023
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                                 CRLA No.490 of 2023
                                 With
                                 IA/1/2023 (Bail Application)
                                 Hon'ble Sharad Kumar Sharma, J.

Mr. M.K. Ray, learned counsel for the appellant/ Applicant.

Mr. Siddhartha Bisht, learned Brief Holder for the State.

Admit.

Summon the LCR.

Learned counsel for the applicant presses the bail application by virtue of the impugned judgment of conviction dated 12.07.2023, as it was rendered in Sessions Trial No.373 of 2020, "State Vs. Suresh Kumar Gangwar" whereby the appellant/ applicant has been convicted for the offences under Section 354-D of the IPC as well as Section 12 of the POCSO Act; whereby as a consequence thereto, he has been directed to undergo 1 year of rigorous imprisonment for each of the offences and the fine has been accordingly imposed.

Learned counsel for the applicant presses the bail application, on the ground, that the set of allegations pertaining to eve-teasing of the victim and allegations pertaining to catching her hand, is absolutely not sustainable nor the prosecution has been able to establish the same by virtue of any clinching evidence on record and rather there has been a massive contraction in the statements as recorded by the witnesses in support of the contentions for establishing the commission of offences as against the present applicant.

He further submits that the prosecution's story cannot be believed with because the place, where the incident has chanced, is a crowded place and, therefore, there are very bleak possibility of such an offence, to have been committed by the present applicant, coupled with the fact, that during the course of trial, he was on bail and he has never misused the same.

Owing to the aforesaid, the bail application is allowed and the applicant is directed to be released on bail, subject to furnishing his personal bond and two sureties in the like amount to the satisfaction of the Court concerned.

(Sharad Kumar Sharma, J.) 03.08.2023 Sukhbant