Faizan v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46157 of 2019

Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

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

It is submitted by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. The victim in her statement recorded under section 164 Cr.P.C. has clearly stated that on 25.7.2019 at about 8:00 P.M. the applicant came at the house of victim to talk about the previous case. In the meanwhile the neighbour assembled there and they dragged the applicant into the room and informed to the police on 100 dial. She further stated that applicant did not commit rape upon her and under the pressure of mob she lodged the FIR. It has further been submitted that victim in her statement recorded under section 164 Cr.P.C. has not made any allegation against the applicant. Prior to alleged incident one FIR was lodged against the applicant under section 376, 354 and 506 IPC. In that case the statement of victim has been recorded as P.W. 1 in which she has not supported the prosecution version and she had been declared hostile. It has further been submitted that the applicant has not committed the alleged offence. The applicant is in jail since 26.7.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.