LAWS(ALL)-2025-1-90

SURAJ KUMAR Vs. STATE OF U. P.

Decided On January 10, 2025
SURAJ KUMAR Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) By means of this bail application, applicant-Suraj Kumar alias Vishwapratap Singh, who is involved in Case Crime No. 188 of 2024, under Ss. 65(2), 351(2), 332(c) of B.N.S. and Ss. 3/4 POCSO Act, Police Station Cantt, District Prayagraj seeks enlargement on bail during the pendency of trial.

(2.) Heard Mr. Akhilesh Kumar Dwivedi, learned counsel for the applicant, Mr. Deepak Mishra, learned Additional Government Advocate representing the State, learned counsel appearing on behalf of the informant/complainant and perused the record.

(3.) The facts that formed the bedrock of the instant bail application are that the informant, who is father of the victim, got a first information report lodged on 5/9/2024 at about 23:20 hours with regard to an incident which took place on the same day at about 05:30 hours for the alleged offence under Ss. 65(2), 351(2) B.N.S. and Ss. 9/10 POCSO Act against the applicant making allegations inter-alia that in the morning, when he woke up, he did not find his daughter on the bed. However, he noticed that another room was locked from inside and when he peeped through the window, he saw that the applicant was committing rape upon his daughter by pressing her mouth. F.I.R. further alleges that when the informant shouted and called his wife, applicant by opening the door, ran away by pushing him extending threat of dire consequences. Thereafter, the informant took the assistance of women helpline number 1090.