Prakash Kumar Gupta vs State of U. P.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2268

KRISHAN PAHAL
Prakash Kumar Gupta – Appellant
Versus
State of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellants : Raj Kumar Singh, Sunil Kumar Singh
For the Respondent: Ajeet Kumar Singh

JUDGMENT :

KRISHAN PAHAL, J.

1. Aphotocopy of the ossification test report has been placed on record filed in compliance of the order of this Court. It indicates that the age of the victim is about 19 years.

2. Heard Sri Raj Kumar Singh, learned counsel for the applicant and Sri Ajeet Kumar Singh, learned counsel for the informant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No. 61 of 2023, U/s 363, 366, 376(3) IPC and 5L/6 Protection of Children From Sexual Offences Act, Police Station Sahatwar, District Ballia, during the pendency of trial.

PROSECUTION STORY:

4. The applicant is stated to have enticed away the minor daughter of the informant aged about 13 years on 16.3.2023.

ARGUMENTS ON BEHALF OF THE APPLICANT:

5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence.

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

7. There is no time of offence mentioned in the FIR. The victim by her appearance, seems to be major.