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2024 Supreme(All) 1546

KRISHAN PAHAL
Karan – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Applicant : Anil Kumar Dubey
For Opposite Party : G.A.

JUDGMENT :

Krishan Pahal,J.

1. As informed by learned AGA, notice to the informant has been served on 23.07.2024 but none is present on behalf of the informant.

2. Supplementary affidavit filed today by the learned counsel for the applicant is taken on record.

3. Heard Sri Anil Kumar Dubey, learned counsel for the applicant and Sri Jai Kishan Chaurasia, learned State Law Officer and perused the material available on record.

4. Applicant seeks bail in Case Crime No. 214 of 2024, under Sections 363, 366, 376 of I.P.C. and Sections 3/4 of POCSO Act, Police Station -Badahalganj, District -Gorakhpur, during the pendency of trial.

PROSECUTION STORY:

5. The applicant in collusion with other co-accused persons is stated to have enticed away the minor daughter of the informant aged about 16 years on 28.04.2024 at about 10:00 PM.

ARGUMENTS ON BEHALF OF APPLICANT:

6. The applicant has been falsely implicated in the present case due to ulterior motive. He has nothing to do with the said offence as alleged in the FIR.

7. The FIR is delayed by about one day and there is no explanation of the said delay caused.

8. The victim is the consenting party as is but evident from her statement recorded u/s 164 Cr.

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