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2020 Supreme(All) 491

SAMIT GOPAL
Ram Ladaite @ Shaukeen – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.P.S. Chauhan, Adv.

JUDGMENT :

1. Heard Sri R.P.S. Chauhan, learned counsel for the applicant and Sri Manu Raj Singh, learned A.G.A. for the State.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant, Ram Ladaite @ Shaukeen, seeking enlargement on bail in S.S.T. No. 1765 of 2019, arising out of Complaint Case No. 102 of 2019, under Section 376-D Indian Penal Code, 1860, Section 6 of The Protection of Children from Sexual Offences Act, 2012 and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station Ujhani, District Budaun.

3. Notice was issued to the opposite party no. 2 vide order dated 12.06.2020. As per office report dated 15.07.2020 placing reliance on the report of the Chief Judicial Magistrate, Budaun, dated 06.07.2020 notice has been served on the opposite party no. 2. No one appears on behalf of the opposite party no. 2 even in the revised list.

4. The present case arises out of an application dated 07.05.2019 which was filed by the opposite party no. 2 under Section 156 (3) Cr.P.C. before the Additional District Judge-VIII, Budaun titled (Maina Devi vs. Shaukeen and Another

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