CHOTU @ SUNEEL KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The present application under Sec. 438 Cr.P.C. has been filed seeking anticipatory bail in FIR No.238 of 2021, under Ss. 354, 504, 506, 376D IPC & Sec. 7/8 of Protection of Children from Sexual Offences Act, P.S. Misrikh, District Sitapur.

(2.) Learned counsel for the applicant has submitted that the applicant is innocent and has not committed any offence as alleged in the FIR. He has been falsely implicated due to enmity. It is submitted that initially the FIR was registered under Ss. 354, 504, 506 IPC & Sec. 7/8 of POCSO Act, however, after recording statement of the prosecutrix under Sec. 164 Cr.P.C., Sec. 376D IPC has been added.

(3.) It is submitted that earlier the applicant's side registered an NCR bearing No.38 of 2021 dtd. 16/3/2021 under Ss. 323 and 504 IPC at P.S. Mishrit, District Sitapur against one Ramkhelawan (father of complainant of the present case), therefore, the instant criminal proceeding has been initiated by the complainant only to harass the applicant and force him to settle the aforesaid NCR case. It is also submitted that Sec. 376D IPC has also been added on the pressure of the complainant.