Sandeep Kumar vs State of U. P. Thru. Prin. Secy. Deptt. Home

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1003

BRIJ RAJ SINGH
Sandeep Kumar – Appellant
Versus
State of U. P. Thru. Prin. Secy. Deptt. Home – Respondent

Advocates Appeared:
For the Applicant : Bhoomika Bajpai, Chandra Bhanu Singh, Prashant Singh, Rahul Kumar Shukla.
For the Opposite Party : G.A., Dilip Kumar Pandey.

JUDGMENT :

1. Heard Shri Prabhat Kumar Mishra, Advocate holding brief of Shri Rahul Kumar Shukla, learned counsel for the applicant, Shri Rajesh Kumar Singh, learned AGA-I for the State and Shri Dilip Kumar Pandey, learned counsel for the complainant and perused the record.

2. The present bail application has been filed by the applicant Sandeep Kumar with a prayer to enlarge him on bail in Case Crime No.055 of 2022, under Sections-363, 366, 376(3) I.P.C., and Section 5/6 of The Protection of Children from Sexual offences (POCSO) Act, Police Station - Shivratanganj, District Amethi.

3. Learned counsel for the applicant has submitted that the First Information Report was lodged by mother of the prosecutrix under Sections 363, 504 IPC on 06.04.2022. As per version of the First Information Report, she has stated that her daughter was missing. She further stated that she had gone to the house of Kusma, wife of Vinay Rawat and asked whereabout of her daughter but she was scolded by her and her family members.

4. Learned counsel submitted that the prosecutrix was recovered after one month 26 days and in her statement recorded under Section 164 Cr.P.C., she has deposed that she had gone to Har