Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39157 of 2022

Applicant :- Rajesh Kumar

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Chandra Prakash Garg

Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

Heard Sri Chandra Prakash Garg, learned counsel for the applicant,

learned counsel for the State and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has

been filed by the applicant Rajesh Kumar, seeking enlargement on bail

during trial in connection with Case Crime No. 100 of 2022, under Section

452, 354-B, 506, 376 I.P.C. and section 3/4 POCSO Act, registered at

P.S.- Kotwali Baberu, District- Banda.

The submission advanced by learned counsel for the applicant is that the

applicant is innocent and has been falsely implicated in the present case

due to ulterior motive. It is further argued that the victim in her statement

recorded under section 161 Cr.P.C. has not stated that the applicant has

raped with her, the victim is major, therefore POCSO Act is not attracted

in the present case. Several other submissions in order to demonstrate the

falsity of the allegatio