Guddu v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5437 of 2020

Applicant :- Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Vilas Mishra,Brijesh Kumar Gautam Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

Heard learned counsel for applicant and learned A.G.A. for State.

The present bail application has been moved by accusedapplicant for enlarging him on bail in Case Crime No. 305 of 2019, under Sections 366, 376, 328, 506, 343, 120-B IPC, Police Station Hapur Dehat, District Hapur.

It is contended by the learned counsel for the applicant that anticipatory bail moved by the applicant was rejected. Although no prima facie case is made out. Victim has changed her version from stage to stage. Co-accused were exonerated by the investigating officer himself. Prosecution case is also not supported by medical evidence. At this stage, learned counsel has referred to the statement of the witnesses including the husband of the victim and argued that a different date of incident has been stated by him. The applicant has been falsely implicated in the present case. He is languishing in jail since 28.11.2019.

Learned A.G.A. opposed the prayer for bail and argued that on the date, time and place, the accused applicant, after administering some intoxicating substance to the victim, took her forcibly on a motorcycle and committed rape with her and also threatened the victim of dire consequences.