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2023 Supreme(All) 1514

MOHD. FAIZ ALAM KHAN
Deenanath – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. Lucknow – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashish Raman Mishra

JUDGMENT :

1. Counter affidavit filed by the State is taken on record.

2. Heard Shri Ashish Raman Mishra, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

3. The State with its counter affidavit has enclosed a communication sent by the Police Station Fakharpur, District Bahraich, thus opposite party no.2 appears to have been sufficiently served but he is not represented.

4. This bail application has been moved by the accused/applicant-Deenanath for grant of bail, in Case Crime No. 301 of 2023, under Sections 363, 366, 376 (3) IPC, 3/4 (2) of POCSO Act, Police Station Fakharpur, District Bahraich, during trial.

5. Learned counsel for the accused-applicant while pressing the bail application submits that it is a case of false implication. The First Information Report of this case has been lodged by the father of the prosecutrix alleging therein that his daughter aged about 15 years has been enticed away by the applicant. After about 30 days the statement of the prosecutrix was recorded under Sections 161 and 164 Cr.P.C. wherein she stated her age to be 18 years and also that she was in love with the applicant for a long time and on

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