FIROJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned AGA and perused the record.

(2.) By means of this application, the applicant, who is involved in complaint case no. 1377 of 2019, under Sections 376D, 506 IPC, P.S. Amroha Dehat, District- Amroha, is seeking enlargement on bail during the trial.

(3.) It is submitted by learned counsel for the applicant that Smt. Shanaz (informant) lodged FIR on 05.04.2014 under Section 376D, 506 IPC for the occurrence alleged to have taken place on 03.03.2014 against the applicant and his two brothers making allegation of committing rape by them. Learned counsel for the applicant further submitted that the FIR was lodged after much delay through an application under Section 156(3) Cr.P.C. dated 13.03.2014. It is next submitted that in this case statement under Section 161 Cr.P.C. of husband of victim was recorded, in which he has admitted that there was dispute between him and father of applicant with regard to road. It is also pointed out that in this case final report was submitted on 31.05.2014 as allegations levelled against the accused persons have been found false. Thereafter, victim filed protest application dated 06.12.2014, which was treated as a complaint. After recording the statement of victim under Section 200 Cr.P.C. and witnesses under Section 202 Cr.P.C. the Magistrate concerned summoned the applicant vide order dated 29.06.2016. It is next submitted that on account of previous enmity and dispute between the parties concerned, the applicant has been falsely implicated in this case and victim is habitual to make complaint against the applicant and family members as well as other persons of the locality in order to settle her personal score. Learned counsel for the applicant in support of his submission placed reliance on order dated 30.08.2014 passed by the Chief Judicial Magistrate, Amroha in Misc. Case No. 836 of 2014, wherein police has submitted report mentioning that victim is habitual to make frivolous complaint against accused persons. It is further pointed out that earlier victim had also lodged FIR on 4.9.2014 against the applicant and his brother registered as case crime no. 526 C of 2014 under Section 376D, 506 IPC, in which also final report has been submitted. Informant is a married women and mother of seven childrens. In fact, no such occurrence took place as alleged by the prosecution. Lastly, it is submitted that malicious prosecution of the applicant is apparent on record. Applicant has no criminal history. The applicant is languishing in jail since 28.02.2020 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.