Vinod vs State of U. P. - 2023 Supreme(All) 841

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 841

RENU AGARWAL
Vinod – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Rakesh Pathak.

JUDGMENT :

RENU AGARWAL, J.

1. Heard Mr. Rakesh Pathak, learned counsel for the applicant, learned A.G.A. and perused the record.

2. The present first bail application has been filed on behalf of the applicant in Case Crime No. 42 of 2023 under Sections 342, 354 I.P.C. and Section 9/10 POCSO Act Police Station-Parasrampur, District-Basti with the prayer to enlarge him on bail.

3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. As per F.I.R. the applicant has confined the victim in his house, however, as per the statement of the victim recorded under Section 164 Cr.P.C. the victim was confined in her own house. It is submitted that there is clear contradiction in the statement of the victim recorded under Section 161 Cr.P.C. and 164 Cr.P.C. It is further submitted that as per the medical report, no injury is found on the person of the victim. As per the statement of witnesses Arti Devi and Phoolan Devi recorded under Section 161 Cr.P.C., the witnesses stated that applicant lured the victim on the pretext of giving her guava and confined her in his home and when the witnesse

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