Bechu v. State of U.P.

Court No. - 52

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35782 of 2018

Applicant :- Bechu Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar,Dinesh Kumar Pandey,Manu Sharma Counsel for Opposite Party :- G.A.

Hon'ble Rajul Bhargava,J.

Supplementary affidavit filed today is taken on record.

Heard learned counsel for the applicant, learned A.G.A. and perused the record.

The present bail application has been filed by the applicant in Case Crime No. 94 of 2018, u/s 363, 366, 376-D IPC and 3/4 POCSO Act, P.S. Purandpur, District Maharajganj with the prayer for enlarging him on bail.

It is submitted by learned counsel for the applicant that he is absolutely innocent and has been falsely implicated in this case as he is friend of main accused Vishal with whom the prosecutrix had some affair. According to F.I.R., the co-accused Vishal had committed rape on the prosecutrix and when the victim asked to marry her, he refused, on account of which the prosecutrix attempted to commit suicide before running train and she sustained injury. He next submitted that in the statement u/s 161 Cr.P.C. also there is no allegation of sexual assault by the applicant, however, in the statement u/s 164 Cr.P.C. she has stated that the applicant and co-accused Vishal had raped her. There are material contradictions in the statement u/s 161 and 164 Cr.P.C. so far as the applicant is concerned and it is stated that the case of the applicant is distinguishable from that of co-accused Vishal.