JUDGMENT :

1. Shri Markandey Singh, learned A.G.A. for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served notices of the bail application upon the victim as well as the CWC.

2. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.169 of 2022 at Police Station-Khampar, District-Deoria under Sections 323, 354, 504, 506 I.P.C. and Section 7/8 POCSO Act. The applicant is in jail since 23.08.2022.

3. The bail application of the applicant was rejected by the learned Additional Sessions Judge/Special Judge (POCSO Act), Deoriya.

4. The following arguments made by Shri Brij Bhushan Prasad Shrivastava, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail:

(1). The victim was incorrectly depicted as a minor in the FIR only to implicate the applicant under the s