SURAJ BHARAT RASTOGI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) The present bail application has been filed by the applicant with a prayer to enlarge him on bail in FIR No.791 of 2020 under Ss. 354,376,506 IPC and 3/4 Protection of Children from Sexual Offence Act, Police-Station Kotwali Sadar, District Lakhimpur Kheri.

(3.) It has been submitted by learned counsel for the applicant that Chhote Lal P.W.-2 has not supported the prosecution case and has become hostile, a copy of which has been annexed as annexure no.1 to the supplementary affidavit. Learned counsel for applicant has also annexed a copy of the statement of the prosecutrix (P.W.-3) which was recorded by the court below wherein she denied her statements recorded under Sec. 161 Cr.P.C. and 164 Cr.P.C. and has become hostile (S.A-2 to the supplementary affidavit). In the statement, prosecutrix has stated that her father had lodged an F.I.R. against the applicant but applicant did not do anything wrong against her. The applicant has no previous criminal history and there is no possibility of fleeing away from the judicial process or tempering with the witnesses and in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. The applicant is in jail since 17/7/2020.