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2024 Supreme(Online)(ALL) 1168

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Krishan Pahal, J
Sintu – Appellant
Versus
State Of U.P. And 3 Others – Respondent


Advocates:
Petitioner: Rajeev Kumar Singh
Respondent: Abhishek Kumar Shahi and G.A.

Krishan Pahal,J.

1. Heard Sri Vijay Kumar Singh, learned Advocate holding brief for Sri Rajeev Kumar Singh, learned counsel for the applicant and Sri Manoj Rajbhar, learned Advocate holding brief for Sri Abhishek Kumar, 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.

2. Applicant seeks bail in Case Crime No. 250 of 2024, U/S 363, 366, 376 IPC and 5/6 POCSO Act, Police Station Peepiganj, District Gorakhpur, during the pendency of trial.

PROSECUTION STORY:

3. The applicant is stated to have enticed away the minor daughter of the informant, aged about 17 years, on 27.6.2024 in connivance with the co-accused person Ram Awadh.

ARGUMENTS ON BEHALF OF THE APPLICANT:

4. 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.

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

6. There is no time of offence mentioned in the FIR.

7. The victim is the consenting party, as is evident from her statement recorded u/s 164 Cr.P.C. She hers

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