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2022 Supreme(All) 146

VIKAS KUNVAR SRIVASTAV
Utkarsh Patel @ Utkarsh @ Uttu @ Raj Patel – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashutosh Kumar
For the Respondent: G.A., Gulamali Rashidi

JUDGMENT :

VIKAS KUNVAR SRIVASTAV, J.

1. The case is called out. Learned counsel Sri Ashutosh Kumar, Advocate for the bail-applicant and learned Additional Government Advocate for the State are present through video conferencing in virtual hearing of the case.

2. The present bail-application is moved for and on behalf of accused-applicant-Utkarsh Patel @ Utkarsh @ Uttu @ Raj Patel, aged about 18 years, involved in Case Crime No. 64 of 2021 registered under Sections 376AB, 323, 506 IPC and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012 at Police Station Banthra, District Lucknow.

3. Counter affidavit and rejoinder affidavit have already been exchanged between the parties of the case. The case is ripe for hearing.

4. The occasion of present bail-application arisen on rejection of bail-plea of the accused-applicant by learned Special Judge, POCSO Act/Addl. Sessions Judge, Lucknow vide order dated 12.07.2021.

5. The victim of the incident is approximately 4 years' old girl child (whose name is not being disclosed and in place of her name the word ‘victim’ shall be used hereinafter in view of Section 228-A of the Indian Penal Code). The First Information Report lodg

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