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2024 Supreme(All) 1786

SHEKHAR KUMAR YADAV
Lalit Tomar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
For the Applicant : Sarvesh Kumar Dubey, Virendra Singh.
For the Opposite Party : G.A.

Headnote: Read headnote

JUDGMENT

Shekhar Kumar Yadav, J.

Heard Mr. Sarvesh Kumar Dubey, learned counsel for the applicant and learned Additional Government Advocate for the State.

2. This anticipatory bail application (under Section 438 Cr.P.C.) has been moved seeking bail in Case Crime No.381 of 2019 arising out of Case No.5593 of 2023, under Sections 376 and 511 IPC, Police Station Gulaothi, District Bulandshahr.

3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case just to harass the applicant in fact no such incident has taken place as alleged in the impugned FIR. The applicant has never committed any offence as alleged in the impugned FIR. There is no date and time mentioned in the FIR. As per allegation, the applicant outraged modesty of the victim. Initially the FIR has been lodged under Sections 354 and 506 IPC in which the applicant has already been granted bail by the court below but during investigation after recording statement of the victim under Sections 164 Cr.P.C., charge sheet has been submitted under

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