Haidar v. State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32420 of 2020

Applicant :- Haidar Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Sunil Kumar Tiwari, learned counsel for the applicant, learned AGA for the State and perused the material on record.

The present bail application has been filed by the applicant Haidar with a prayer to enlarge him on bail in Case Crime No.200 of 2020, under sections 452 & 376 I.P.C., Police Station Parikshitgarh, District Meerut during pendency of the trial.

As per FIR version, victim was sleeping in her house, at that time the applicant came there and committed rape on her by putting knife on her neck. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to village partibandi . He further submitted that the statements of the victim recorded under sections 161 and 164 Cr.P.C. are not corroborating with each other, as alleged in the present FIR. Medical report was also not corroborating to the facts narrated in the FIR as alleged in the statement recorded under sections 161 and 164 Cr.P.C. He further submitted that in the statement under section 164 Cr.P.C. the victim has denied involvement of the applicant in the present case. The applicant is languishing in jail since 15.06.2020.