Vijay v. State of U.P.

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15583 of 2019

Applicant :- Vijay Opposite Party :- State of U.P. Counsel for Applicant :- Sukendu Pal Singh Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

None is present for the opp. party no. 2 in spite of personal service.

Heard learned counsel for the applicant, learned AGA and perused the record.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. The applicant has not committed the alleged offence. False allegation has been made against the applicant. In medical report the age of victim has been shown about 16 years. There is no independent witness of the alleged incident. InformantRambabu, father of the victim, is not eye witness of the alleged incident. During trial the statement of victim has been recorded as P.W.-2. The victim in her statement has not supported the prosecution version and has been declared hostile. The victim in her statement has clearly stated that the applicant has not committed rape upon her. In her cross examination she has stated that she sustained injury on her private part due to falling down on wood while she was playing in house. The victim in her statement has not made any allegation against the applicant. The statement of Rambabu, the informant, has been recorded as P.W.-1 who is not eye witness of the alleged occurrence. This witness in his cross examination has stated that the applicant has not committed the alleged offence and the victim has not told him about the alleged incident. There is no other cogent evidence against the applicant to connect with the alleged offence. There is no criminal history of the applicant and is in jail since 5.12.2018.