AMAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Matter is taken up in the revised call. Shri Paritosh Kumar Malviya, learned AGA-I for the State contends that the police authorities in compliance of the directions issued by this Court in Criminal Misc. Bail Application No. 46998 of 2020 (Junaid Vs State of U.P. and another) reported at 2021 (6) ADJ 511 and with a view to implement the provisions of POCSO Act, 2012 read with POCSO Rules, 2020, have served the bail application upon the victim/legal guardian as well as upon the CWC. By means of the bail application the applicant has prayed to be enlarged on bail in Case Crime No.419 of 2023 at Police Station-Shalimar Garden, District-Ghaziabad under Ss. 363, 376 IPC and Ss. 3/4 of POCSO Act. The applicant is in jail since 5/12/2023. The bail application of the applicant was rejected by the learned trial court on 21/12/2023.

(2.) The following arguments made by Shri Vikash Chandra Tiwari, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Ajay Singh Yadav, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I from the record, entitle the applicant for grant of bail:

(3.) The incident occurred on 9/11/2023 and the F.I.R. was got registered on 13/11/2023.