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2023 Supreme(Del) 1967

AMIT SHARMA
Vipin Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Lav Kumar Agrawal, Mr. Gajendra Singh & Ms. Usha Garg, Advocates, for the Petitioner.
Mr. Utkarsh, APP for State with SI Maneeta, PS Neb Sarai.
Mr. Abhishek Saket, CGSC with Ms. Sanna Harta, Advocate for UIDAI.
Mr. Shiv Chopra, Ms. Aadhyaa Khanna, Mr. Siddharth Arora & Ms. Nikhil Srivastava, Advocates, for victim/prosecutrix.

JUDGMENT

Amit Sharma J.

1. The present application under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks grant of regular bail in case FIR No. 118/2021 dated 10.04.2021, under Sections 363/366/376/506 of the Indian Penal Code, 1860 ('IPC') & Section 6 of the Protection of Children From Sexual Offences Act, 2012 ('POCSO'), registered with PS Neb Sarai.

2. The brief facts of the present case are as follows:

i. The father of the victim/prosecutrix made a complaint on 10.04.2021 at PS Neb Sarai, stating that his daughter had been abducted from the house on the morning of 07.04.2021 at about 07:20 AM. It was further stated that he suspected the present applicant had abducted his daughter and was afraid that he will marry his daughter, who was a minor. On the basis of the aforesaid complaint, FIR No. 118/2021, under Section 363 of the IPC was registered at PS Neb Sarai.

ii. On 02.07.2021, a Special Team of the PS Neb Sarai received a communication and reached Badmalik Road, Vishwamil Rai, Sonepat, from where the victim/prosecutrix was recovered alongwith the present applicant.

iii. The victim/prosecutrix was taken to All India Institute of Medical Sciences, New Delhi for

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