Allahabad High Court · 2025-02-27
CRIMINAL MISC. BAIL APPLICATION No. 22975 of 2024 at Allahabad
- Citation / case number
- CRIMINAL MISC. BAIL APPLICATION No. 22975 of 2024 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. BAIL APPLICATION No. 22975 of 2024 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:27740 Court No. - 65 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22975 of 2024 Applicant :- Shivam Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.,Gunjan Sharma Hon'ble Krishan Pahal,J. 1. List has been revised. Learned counsel for the informant is not present. 2. Heard Sri Vivek Singh, 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.741 of 2023, under Sections 363, 366, 376AB I.P.C. and 5/6 POCSO Act, Police Station Sector-39, Noida, District Gautam Buddha Nagar, during the pendency of trial. 4. Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case. The victim is a consenting party as is evident from her statement recorded under Section 164 Cr.P.C. It is true that the age of the victim was 13 years only as per ossification test report, but it is a clear-cut case of false implication. The applicant is languishing in jail since 10.11.2023. No prosecution witnesses have been examined