Heard learned counsel for the applicant and learned A.G.A for the State.
This anticipatory bail application has been filed on behalf of the applicants Abhishek Kushwaha @ Anand Kushwaha seeking anticipatory bail in case crime no. 408 of 2021, under Sections 354, 354Gha, 406, 506 I.P.C and Section 7/8 of POCSO Act, Police Station Naubasta, District Kanpur Nagar, during pendency of trial.
Learned counsel for the applicant submits that the alleged offence does not fall in the category of Section 438(6) Cr.P.C. The applicant is innocent and has been falsely implicated in this case and has not committed the alleged offence. The entire prosecution story is concocted. The statement of victim under Section 161 Cr.P.C and 164 Cr.P.C are contradictory.
Learned A.G.A opposed the contentions made by the learned counsel for the applicant.
The statement of victim under Section 164 Cr.P.C is Annexure-3 of the affidavit in which she has supported the F.I.R allegations. The victim is minor. In view of submissions made and the material on record, it cannot be said that the applicant has not committed the alleged offence and not involved in the offence. There is no ground to release the applicant on anticipatory bail.
Accordingly, anticipatory bail is rejected.
Order Date :- 27.8.2021 PS