ANKUSH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant; the learned A.G.A. for the State; Sri Neeraj Singh for the informant; and perused the record.

(2.) The present bail application has been filed by the applicant in case crime No. 279 of 2015, under Sections 363, 366, 376 I.P.C.; Section 3(2)5 SC/ST Act; and Section 3/4 POCSO Act, police station Kandhla, District-Shamli with the prayer to enlarge him on bail.

(3.) The submission of the learned counsel for the applicant is that the father of the victim had lodged the FIR on 29.6.2015 alleging that his minor daughter Payal, aged about 15 years, has been enticed away on 26.6.2015. The FIR has been lodged naming five persons including the applicant. It has been submitted that subsequently, the victim reappeared on 11.7.2015 and her medical examination was carried out and at the time of her medical examination, the doctor, on the basis of the statement made by the victim, made a note that according to the victim, on 26.6.2015, in the afternoon, after the school got over, she left with a boy whom she had known for the last one year and from there, she travelled to Delhi voluntarily. The medical examination of the victim found her hymn to be old torn and no sign of any visible injury was found on her body. The radiological age of the victim was ascertained as 17 years.