ATUL MISHRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Ishan Deo Giri, learned counsel for the applicant, learned A.G.A. and perused the record of the case.

(2.) Applicant Atul Mishra is facing prosecution in Case Crime No.0456 of 2019, u/s 363, 366, 376 I.P.C.; Sec. 3A of POCSO Act, 2012 and Ss. 3(2)v, 3(2)va of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Police Station-Khaga, District-Fatehpur. He is behind the bars in connection with aforesaid offence since 4/10/2021 and seeking bail during trial, whereas the victim/prosecutrix is languishing at Government Child Welfare Home (Girls), Khuldabad, Prayagraj along with her infant baby in her lap.

(3.) Pursuant to the earlier orders of this Court, the notices were issued to the concerned respondents. The C.J.M. Fatehpur who vide its intimation dtd. 22/1/2022 informs the court that the notices were served upon Rajendra Prasad (Respondent No.2) personally, but of no response. Nor learned A.G.A. has filed any counter affidavit so far, on the other hand, the applicant is behind the bars since October, 2021 waiting for justice. Hence with the help and aid of learned A.G.A. the Court is proposing to decide the bail application. 3. Prosecution against the applicant was rolled by the father of the victim Ms 'A' by filing F.I.R. on 17/11/2019 u/s 363 I.P.C. with the specific allegation that his daughter is a minor, pursuing her studies in Class-XI, (Date of Birth : 15/6/2005 as per her High School certificate) was enticed away by the applicant from 6/11/2019. This is the gist of the F.I.R.