(1.) Heard Sri R.K. Shukla, learned counsel for the applicant as well learned A.G.A. appearing for the State and S.P.S. Chauhan, learned counsel for O.P. No.2 and perused the record.
(2.) Applicant has moved the present bail application seeking bail in Case Crime No.358 of 2020, under Ss. 452, 406, 376, 504 and 506 I.P.C., P.S. Jagdishpura, District Agra.
(3.) Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to ulterior motive with the intention to harass the applicant and to defame him in the society. As per F.I.R. version as lodged by the victim on 13/7/2020 at 18:50 hours is that the Dharmendra Singh Parihar husband of the victim was doing service away from the city and the prosecutrix was living at home alone with her two children. The applicant was visitor to her house and so that was entangled in her evil design. She wanted to purchase a house for which the applicant was taking her hither and thither. On 16/10/2017 the applicant came to her house at 9-00 P.M. and had brought with him a bottle of cold drink and made her to drink due to which she became unconscious and the applicant committed rape upon her. Upon becoming conscious she found her clothes scattered and on being annoyed with the applicant showed her video clip on his mobile and threatened to viral it on internet if she had gone to police to lodge F.I.R. and the applicant also got her land at village sold and usurped the amount of sale consideration. Thereafter he got a house purchased and by making forgery he got recorded his name mentioned in place of the name of her husband. Thereafter on 2/6/2020 at 8-00 threatened the prosecutrix dragged her on the bed and committed rape upon her and fled away from there. As per the statement under Sec. 161 Cr.P.C. the prosecutrix reiterated the F.I.R. version. As per the statement of the prosecutrix under Sec. 164 Cr.P.C. she had stated that she was of 28 years of age and had studied upto Class 10th. Learned counsel for the applicant submits that medical examination was refused by the prosecutrix and she had not received any external injury.