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2023 Supreme(All) 1329

SUBHASH VIDYARTHI
Paras Nath – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rama Kant Dixit

JUDGMENT :

1. Heard Sri Rama Kant Dixit, the learned counsel for the applicant as well as Sri Jayant Singh Tomar, the learned AGA-I for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in an FIR bearing Case Crime No. 146 of 2018, under Sections 342, 376, 511, 354(A), 506 IPC & 7/8 POCSO Act, Police Station Motipur, District Bahraich.

3. The aforesaid case has been registered on the basis of an FIR registered on 13.05.2018 against the applicant and his three brothers, in furtherance of an application under Section 156 (3) Cr.P.C. filed on 30.03.2018 alleging that a property dispute is going on between the informant and the father of the accused persons. A non cognizable report was lodged regarding the accused persons having beaten the informant's wife on 20.02.2018. On 22.02.2018, when the applicant and his wife were away, the accused persons entered the informant's house and the applicant bitten away the ear of the informant's daughter and tried to rape her. Upon hearing the hue and cry, several persons reached there and accused persons ran away.

4. In the statement of the victim recorded under Section 161 Cr.P.C.,

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