SURAJ KUMAR MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A for the State of U.P. through video conferencing.

(2.) The present bail application has been filed on behalf of the applicant in Case Crime No.418 of 2019, under Ss. 363, 366, 120B I.P.C. and Sec. 17/18 of POCSO Act, Police Station - Payagpur, District - Bahraich with the prayer to enlarge him on bail.

(3.) The submission of learned counsel for the applicant is that the applicant is an innocent person and in jail since 4/3/2020. It is further submitted on behalf of the applicant that as per the prosecution case, on 11/9/2019 at around 11 am, the complainant's daughter went to the Community Health Center, Khutehana for taking medicine by her bicycle, when she did not come back home after much delay, then her father went to Khutehana to find out the whereabouts of her daughter, where he found the bicycle of her daughter standing at the Hariom Mobile Shop. On enquiry, the shop owner told him that the prosecutrix had parked the bicycle and told him that she would come back after some time. It is said in the F.I.R. that the complainant searched his daughter and enquired from relatives etc., but no information was found about her daughter. Then the written complaint was given on 13/9/2019 to the police station and F.I.R. was lodged. Learned counsel for the applicant further submitted that charge sheet under Ss. 363, 366, 120-B and 370-A IPC and Sec. 17/18 POCSO Act submitted by the Investigating Officer after concluding the investigation.