Pawan v. State of U.P.

Court No. - 88

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19711 of 2021

Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Alok Singh,Manish Yadav Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

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

Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The case of the applicant is that in this the Bhabhi (sister-in-law) has raised allegation of committing rape and physically exploiting the person of the victim. There is no base for the allegation. Property dispute is involved in this case. The will executed by the father of the applicant and the fatherin- law of the prosecutrix has left her untouched and had bequeathed the property upon the children of the deceased's son of the testator and the husband of the victim. The death of the husband of the victim occurred in 2018, whereas the applicant allegedly physically took advantage of the person of the victim and refused to marry her. The allegations have been denied that it is a purely family dispute and the FIR is highly belated. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 25.03.2021 in the present case.

The learned A.G.A. has vehemently opposed the prayer.