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2023 Supreme(All) 1540

SUBHASH VIDYARTHI
Allama Zamir Naqvi Alias Tahir In Fir Zameen Naqvi Alias Tahir – Appellant
Versus
State of U. P. Thru. Prin. Secy. Lko. – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Prateek Tewari, Parush Kumar Saxena, Raj Nath Singh.

JUDGMENT :

1. Heard Sri Prateek Tewari, the learned counsel for the applicant, Sri Jayant Singh Tomar, the learned AGA for the State and perused the records.

2. The instant application has been filed by the applicant seeking anticipatory bail in Case No. 193 of 2016, Crime No.511 of 2014 under Sections 452, 354 IPC, Police Station Unchahar, District Raebareli.

3. The aforesaid case has been registered on the basis of an FIR lodged on 27.04.2014 at 21.30 hours against the applicant and one Hira Lal, stating that both the accused persons had gone to the informant's house on 27.04.2014 and had started molesting her but when she cried the accused persons ran away.

4. In the affidavit filed in support of the application, it has been stated that the applicant is 60 years old and is innocent person, who has falsely been implicated in the present case. The applicant's involvement in three other cases has been disclosed in para-28 of the affidavit.

5. The anticipatory bail of the applicant has been rejected by the Sessions court, Raebareli on the ground that the incident occurred on 27.04.2014, on which date the provisions of Section 438 Cr.P.C. were not applicable to the State of U.P., therefor

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