Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41870

of 2020

Applicant :- Salim

Opposite Party :- State of U.P.

Counsel for Applicant :- Amit Daga,Sandeep Kumar

Srivastava

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh-I,J.

Heard Sri Amit Daga, learned counsel for the applicant and Sri

G. P. Singh, learned A.G.A. for the State and perused the

record.

Learned counsel for the applicant has submitted that P.O.C.S.O.

Act has wrongly been imposed as the F.I.R. itself shows that the

age of the victim 19 years, hence there is no need to issue notice

to informant. Hence, this Court proceeds to heard this case on

merits.

This Bail Application (under Section 439 Cr.P.C.) has been

moved for seeking bail in Case Crime No. 358 of 2020, under

Sections 376 & 506 of I.P.C. and Sections 3/4/17 of P.O.C.S.O.

Act, P.S. Amroha Nagar, District Amroha, during pendency of

the trial.

As per F.I.R., which has been lodged by Nadeem Ahmad, it has

been stated that his daughter aged about 19 years was taken in

an uninhabited house on 01.08.2020, at about 03:00PM and was

raped by the co-accused Sabbu and videography was also done

by co-accused Gaurav and threat was also given