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2022 Supreme(All) 625

SHAMIM AHMED
Alok – Appellant
Versus
State Of U. P. Thru Prin. Secy. Home Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Manoj Kumar Misra,Awadhesh Kumar Misra,Pawan Kishor Mishra
For the Opposite Party : G.A.,Hemant Kumar Mishra

JUDGMENT :

Shamim Ahmed, J.

1. Heard Shri Manoj Kumar Misra, the learned counsel for the applicant, Shri Aniruddha Singh, the learned A.G.A.-I for the State as well as Shri Hemant Kumar Mishra, the learned counsel for the complainant/ opposite party No. 2, and perused the record.

2. The applicant, Alok, has moved the present bail application seeking bail in F.I.R. No. 0261 of 2019, under Section 376-D I.P.C. read with Section 5(g)/6 of Protection of Children From Sexual Offences Act, Police Station Maholi, District Sitapur.

3. Learned counsel for the applicant further submits that the applicant is not named in the F.I.R. and he is innocent and has falsely been implicated in the present case. There is no role of applicant in the commission of offence. His name has been taken with malicious intention to falsely implicate and to defame the image of applicant and his family members in the society. The applicant has not committed rape as alleged by the prosecution. The victim has taken the name of applicant in her statement recorded under Section 164 Cr.P.C., only on the pressure created by her family members but no allegation of rape was made therein against the applicant. During the cours

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