Javed v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52621 of 2022

Applicant :- Javed Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar,Diwakar Singh Counsel for Opposite Party :- G.A.

Hon'ble Dr. Gautam Chowdhary,J.

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

1. It has been argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Learned counsel for the applicant submits that the applicant is the husband of the victim against whom allegations of Section 376D and Information Technology Act has been levelled. Learned counsel further submits that the victim is major and that the victim has refused to undergo for medical examination. It is thus contended that the once the victim has refused to undergo for internal examination, which itself cast a shadow of doubt on the prosecution thus, no offence against the applicant is made out. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also 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 and is also ready to accept all the conditions which the Court may deem fit to impose upon him. He next submits that applicant is languishing in jail since 01.09.2022 having no criminal history. 3. Per contra, learned A.G.A. has opposed the prayer for bail of