The case arose in November 2019, when the father of the girl lodged a First Information Report against Mishra alleging that his minor daughter was enticed away by the applicant.
Mishra was booked for rape under Section 376 of Indian Penal Code (IPC) and for offences under Sections 3 (penetrative sexual assault) and 4 (punishment for penetrative sexual assault) of POCSO Act, 2012 along with provisions under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Eventually on October 10, 2021 after getting a tip from the informer, police arrested the accused who was found along with the girl and the baby.
Since on the date of incident the victim was minor, she was sent to Rajkiya Balgirh (Balika) Khuldabad, Prayagaraj and Mishra was sent to jail.
The Additional Sessions Judge/ Special Judge (POCSO Act), Fatehpur rejected the bail application moved on behalf of applicant in November 2021.
This led to the present plea before the High Court.
Source: Barandbench