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2021 Supreme(All) 611

ALOK MATHUR
Ramu – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sushil Pandey, Ajit Singh, Surya Narayan Singh, Vinod Kumar Pandey
For the Respondent: Ajeet Kumar Singh

JUDGMENT :

1. Heard Sri Surya Narayan Singh, learned counsel for the applicant, learned Additional Government Advocate for the State of U.P. as well as Sri Ajeet Kumar Singh, learned counsel for private respondent through video conferencing in view of COVID-19 pandemic.

2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the Case Crime No. 20/2021, U/s – 354 & 9/10 POCSO Act, P.S. Thangaon, District – Sitapur.

3. It has been submitted that the F.I.R. was lodged by the mother of the prosecutrix stating that she had gone to her sister’s house where her minor daughter (prosecutirx) had gone to get certain medicines and it is alleged that the accused who was working in the nearby hospital had sexually assaulted the prosecutirx.

4. During investigation, the statement of the prosecutirx was recorded wherein she had clearly stated that the applicant did not do anything wrong with her and she has only narrated the string of incident from leaving the house of his mausi. She has only stated that the applicant under garb of giving money had caught hold by the prosecutrix and nothing else.

5. The statement recorded under Section 164 Cr.P.C., she ha

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