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2025 Supreme(Online)(ALL) 741

HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Ashik – Appellant
Versus
State Of U.P. And 3 Others – Respondent


Advocates:
Petitioner: Gyan Prakash
Respondent: G.A.

Hon'ble Krishan Pahal,J.

1. List has been revised.

2. Heard Sri Gyan Prakash, learned counsel for the applicant, Sri Sunil Kumar, learned A.G.A. for the State and perused the material placed on record.

3. Applicant seeks bail in Case Crime No.152 of 2024, under Sections 137(2), 87, 65(1) B.N.S. and 5L/6 POCSO Act , Police Station- Awagarh, District- Etah, during the pendency of trial.

4. As per prosecution story, the FIR was instituted against unknown person by the informant regarding missing of his daughter since 28.7.2024 at 04:00 p.m.

5. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The FIR is delayed by about twelve hours and there is no explanation of the said delay caused. The victim is major and as per the ossification test report her age has come out to be between 19-20 years. The statement of the victim recorded U/s 183 B.N.S.S. cannot be believed as it indicates her consent as she has not raised any alarm whatsoever. There is no medical corroboration of the incident. There is no external or internal injury observed by the doctor conducting her medical examination.

6. Learned counsel f

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