Guddu v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36648 of 2020

Applicant :- Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Imtyaz Ahmad Counsel for Opposite Party :- G.A.,Radhey Shyam Yadav

Hon'ble Ajit Singh,J.

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

The present bail application has been filed by the applicant in Case Crime No. 195 of 2020 under Section 376-D IPC, Police Station - Kotwali Kayamganj, District - Farrukhabad with the prayer to enlarge the applicant on bail.

The first information report of this incident was lodged by the husband of the victim and it was mentioned that when the victim (wife of the complainant) has gone out to the fields nearby her house to attend the call of nature, the present accused Guddu and co-accused Pappu misbehaved with the alleged victim and the first information report was lodged at the concerned police station under Section 354 IPC. Later on, during the investigation, Section 376-D of IPC was also added.

The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and he has been falsely implicated in the present case. It is further submitted that in the statement recorded under Section 161 Cr.P.C. there is no allegation against the applicant of committing rape, but in the statement recorded under Section 164 Cr.P.c. the allegation of rape was made by the victim against the present accused Guddu and co-accused Pappu, but the medical examination report does not support the allegation of rape. It is further submitted that the accused and the family members of the alleged victim are at inimical term as there is property dispute going on between the family of the victim and accused family. Learned counsel also submits that the is in jail since 11.07.2020 and in case of being released from jail, he will not misuse the liberty of bail.