Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39633

of 2020

Applicant :- Sarvesh @ Kandhai Lodhi

Opposite Party :- State Of U.P.And Another

Counsel for Applicant :- Rajpal Singh

Counsel for Opposite Party :- G.A.,Shyam Sunder Mishra

Hon'ble Ram Krishna Gautam,J.

Heard over bail application moved by accused-applicant,

Sarvesh @ Kandhai Lodhi, in Case Crime No. 103 of 2018

(S.S.T. No. 128 of 2018), under Sections 354, 376 IPC and

Section 3/4 Protection of Children from Sexual Offence Act,

Police Station Ghazipur, District Fatehpur.

Learned counsel for the applicant argued that the accused-

applicant is innocent; he has been falsely implicated in this very

case crime number and is languishing in jail since 26.5.2018; he

is of no criminal antecedent and there is no likelihood of fleeing

from course of justice or tempering with evidence in case of

release on bail; prosecutrix is said to be of 13 years and report

was got lodged for offence punishable under Section 354 IPC

read with 7/8 POCSO Act; no accusation of rape was there; it

was subsequently developed in statement under Section 164

Cr.P.C., whereas, no medical evidence in this behalf is there.

Hence, ba