Surendra v. State of U.P.

Court No. - 64

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23615 of 2020

Applicant :- Surendra Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash,Umair Mahmood Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I appearing for the State.

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has next drawn the attention of this Court towards annexure-7 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C. wherein the allegation of rape has been levelled against the applicant. It is next contended that P.W.-2 has not supported the prosecution story and has turned hostile, reference in this regard is made to annexure-SA-1 to the supplementary affidavit dated 10.12.2021, which is on record. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 19.5.2020. It has been pointed out that the applicant has no criminal history.