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2023 Supreme(Del) 3313

DINESH KUMAR SHARMA
Prince Nagar – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Vikas S. Singh, Advocate, for the Petitioner through v/c.
Mr. Hemant Mehla, APP for State and ACP Ram Phool Meena, ACP/Badarpur alongwith SI Madhu Yadav.
Mr. Harshit Jain, Advocate (DHCLSC), for the Complainant.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--The present application has been moved seeking grant of bail in case FIR No. 129/2023 under Section 323/341/354(D)/506/509 IPC read with Section 12 of POCSO Act and Sections 3(1)(r)/3(1)(s) SC & ST Act registered at PS Jait Pur.

2. The case FIR was lodged by Ms. XXX alleging therein that few days before the registration of the case the petitioner had offered to befriend her which was declined by the complainant. The complainant also blocked the petitioner on Instagram. It was further stated that before the registration of the present FIR, while the complainant was going to the school, petitioner was sitting in the gali and abused her in a filthy manner. Two days later, when the complainant was going to her friend's house, the petitioner intercepted the complainant and slapped and abused her. When the complainant asked the reason for slapping, the petitioner made the casteist remark and threatened her to leave or else he will give her more beating. After this incident, the FIR No.129/2023 was lodged at PS Jait Pur.

3. Learned counsel for the petitioner submits that the petitioner is only 19 years old and is in custody since April 2023. It ha

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