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2023 Supreme(All) 883

SUBHASH CHANDRA SHARMA
Robin Singh @ Durgesh Singh – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Sanjay Singh, Amrendra Nath Rai
For the Opposite Party : Brijesh Kumar Tripathi, Prabha Shanker Pandey

JUDGMENT :

1. Heard learned counsel for the applicant, learned counsel for opposite party as well as learned AGA for the State and perused the material placed on record.

2. This anticipatory bail application (under section 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 209 of 2022, under sections 363, 366, 376, 120-B IPC and Section 5/6 POCSO Act, Police Station- Phaphamau, District- Prayagraj.

3. It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated. In this case, applicant was not named in the F.I.R. Even in the statement of the victim recorded under Section 164 Cr.P.C. before the learned Magistrate, she did not disclose the name of present applicant as to make assistance of the commission of offence as alleged but when she went in the custody of her parents and again her second statement u/s 164 Cr.P.C. was recorded, she disclosed the name of present applicant also. No any allegation regarding molestation or rape was made against the applicant. Main role was against co-accused Sumit Singh who has been granted regular bail. There is no criminal history against him. Lastly, it is submitted that investigation is going on a

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