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2025 Supreme(All) 2540

IN THE HIGH COURT OF ALLAHABAD 
Hon'ble Krishan Pahal,J.
Nijamuddin @ Raza – Appellant
Versus
State Of U.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pramod Singh,Priyanshi Gupta
For the Respondent: G.A.

JUDGMENT :

Krishan Pahal, J.

1. List has been revised.

2. Heard Ms. Priyanshi Gupta, learned counsel for the applicant and Sri Sunil Kumar, learned A.G.A. for the State and perused the record.

3. As informed by learned AGA, notice to the informant has been served on 19.12.2024 but none is present on behalf of the informant even in the revised call.

4. Applicant seeks bail in Case Crime No. 76 of 2024, under Sections 363, 366, 376(3) I.P.C. and Section 3/4(2) of POCSO Act, Police Station Rasulabad, District Kanpur Dehat, during the pendency of trial.

PROSECUTION STORY:

5. The applicant who happens to be an Urdu teacher, is stated to have enticed away the minor daughter of the informant on 09.03.2024.

ARGUMENTS ON BEHALF OF APPLICANT :

6. The applicant has been falsely implicated in the present case and he has nothing to do with the said offence.

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

8. The victim by her looks seems to be major, although, she has stated her age to be 16 years in her own statement

9. The victim is a consenting party as is but evident from her statement recorded u/s 164 Cr.P.C.

10. The victim and the applicant have married wh

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