ROBIN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for opposite party as well as learned AGA for the State and perused the material placed on record. This anticipatory bail application (under Sec. 438 Cr.P.C.) has been moved seeking bail in Case Crime No. 209 of 2022, under Sec. 363, 366, 376, 120-B IPC and Sec. 5/6 POCSO Act, Police Station- Phaphamau, District- Prayagraj.

(2.) It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated. In this case, applicant was not named in the F.I.R. Even in the statement of the victim recorded under Sec. 164 Cr.P.C. before the learned Magistrate, she did not disclose the name of present applicant as to make assistance of the commission of offence as alleged but when she went in the custody of her parents and again her second statement u/s 164 Cr.P.C. was recorded, she disclosed the name of present applicant also. No any allegation regarding molestation or rape was made against the applicant. Main role was against co-accused Sumit Singh who has been granted regular bail. There is no criminal history against him. Lastly, it is submitted that investigation is going on and the applicant is under apprehension of imminent arrest. In case, he is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. Learned AGA has opposed the prayer for anticipatory bail.

(3.) Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., the perusal of record and without commenting on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.