Pawan v. State of U.P.

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47240 of 2022

Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Manish Pandey Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Singh,J.

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

The instant bail application under Section 439 of Cr.P.C. has been �led on behalf of the applicant with a prayer to release him on bail in Case Crime No. 329 of 2022, under Sections 376-D, 323, 342 I.P.C., Police Station-Kotwali Sambhal, DistrictSambhal, during the pendency of trial.

It is argued by learned counsel for the applicant that in the present case, victim herself lodged an F.I.R. on 03.09.2022 after 40 days of the incident against Satish, Sunil and Kaku making allegation of committing rape on her. It is next argued that referring the medical examination report dated 05.09.2022, it is submitted that in medical examination report, her hymen was found torn and healed and no injury was found on her private part. It is next submitted that the applicant is neither named in the F.I.R. nor in the statement under Section 161 Cr.P.C. of the victim but later on when her statement under Section 164 Cr.P.C. was recorded, she inducted the name of the present applicant for the �rst time along with named accused persons whereas the present applicant and the victim both are resident of same village and they are known to each other. On the strength of aforesaid facts, it is argued that applicant has been falsely implicated in this case after about 45 days of the incident. The applicant is languishing in jail since 16.09.2022 and in case he is released on bail, he will not misuse the liberty of bail and co-operate in early disposal of the case.