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2023 Supreme(All) 1088

SHAMIM AHMED
Shailendra Saini – Appellant
Versus
State Of Uttar Pradesh Thru. Secy. Home, Lko. – Respondent


Advocates Appeared:
For the Appellant : Vashu Deo Mishra.
For the Respondents: Bhupendra Nath Tripathi.

JUDGMENT :

(Shamim Ahmed, J.)

1. Heard Sri Vashu Deo Mishra, learned counsel for the appellant, Sri Bhupendra Nath Tripathi, learned counsel for the complainant, Ms. Shikha Sinha, learned Additional Government Advocate for the State and perused the material available on record.

2. The present Criminal Appeal under Section 14-A (2) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been preferred against the impugned order dated 05.09.2022 passed by the learned Special Judge, SC/ST Act, Lucknow in Bail Application No. 6984 of 2022 (CNR No. UPLKO10119882022), Case Crime No. 0537 of 2022, under Sections 354, 323, 504, 506, 376, 313, 328, 392 IPC and Sections 3(2)(v) of SC/ST Act, Police Station Chinhat, District Lucknow, whereby the bail application of the appellant has been rejected.

3. Learned counsel for the appellant submits that the appellant is innocent and has falsely been implicated in the present case. No such incident took place, as alleged by the prosecutrix in the First Information Report. It is a case of false promise of marriage and the parties are consenting. Thus, the allegation of rape is false, even though, no ingredient of Section 3(2)(v)

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