SHIVAM Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri S.P. Tripathi, learned counsel for the applicant and Sri Rajesh Kumar Singh, learned AGA for the respondent State and Sri Rehan Ahmad Siddiqui, learned counsel for the complainant.

(2.) This is an application under Section 439 Cr.P.C. in Case Crime No.0004 of 2020 under Sections 376, 504, 506, 501 IPC and Section 67 Information Technology (Amendment) Act, 2008 registered at police station Kotwli Nagar, District Ayodhya.

(3.) Submission of learned counsel for the applicant is that the applicant is innocent perosn and he has been falsely implicated in this case. He further submitted that the applicant married with the prosecutrix under Hindu rituals and both were residing as husband and wife. He next submitted that the allegations levelled in the F.I.R. as well as in the statements recorded under Sections 161 and 164 Cr.P.C. were on the pressure exerted by the brother-in-law of the prosecutrix. He further submitted that the applicant is having no criminal history and is in jail since 15.03.2020. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, she will not misuse the liberty granted to her.