VIKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Defects reported by the office be removed today itself.

(2.) Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

(3.) It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is also submitted that a criminal writ was filed on behalf of applicant and victim in this Court as Criminal Misc. Writ Petition No. 10067 of 2019 wherein counter affidavit and rejoinder affidavit were invited and stay was granted. Since petitioners were unaware about the date fixed in the matter, same was dismissed for want of prosecution. Thereafter, applicant was arrested in the matter on submission of charge sheet. It is also submitted that victim is major. She was living with the applicant at her own free will. Referring to statement of victim recorded under Section 164 CrPC it is submitted that nothing was stated by her to attract the alleged offences. The applicant has no criminal history. He is languishing in jail since 1.7.2020 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.