Vijay Kumar Verma - (1.) A.G.A. has filed counter-affidavit, which is taken on record. Supplementary-affidavit has been filed by the applicant, which is also taken on record.
(2.) HEARD, Sri Tripathi B. G. Bhai, advocate, appearing for the applicant and A.G.A. for the State and perused the record. According to the F.I.R. lodged on 24.4.2008 at 8.30 p.m., by the complainant Majullah at P. S. Dhebarua, district Siddharth Nagar, the allegation in brief, is that the accused Irfan committed unnatural offence (sodomy) with minor son of the complainant on 27.4.2008 at about 6.00 p.m. after carrying him in the garden. The main submission made by learned counsel for the applicant is that the applicant is in jail since 4.6.2008 and hence on the basis of long incarceration in jail, he deserves bail, as the offence is triable by the Magistrate, who can award maximum sentence of three years imprisonment.
(3.) NEXT submission is that the applicant was juvenile on the date of offence, and hence on this ground also he deserves bail. It is further submitted that no such incident as alleged in F.I.R. had occurred and fabricating a false story of sodomy, the applicant has been falsely roped in this case.;