RAJPAL ALIAS GOLU Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Manish Gupta, learned counsel for applicant and learned A.G.A. for State.

(2.) Applicant-Rajpal alias Golu, has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 28.01.2021, passed by Sessions Judge, Gorakhpur, in Case Crime No.0778 of 2020, under Sections 147, 323, 504, 506, 352, 452, 376 IPC, Police Station Pipiganj, District Gorakhpur.

(3.) Learned counsel for applicant submits that as per Radiologist report the victim is a girl, who is about about 18 years old. Mother of victim lodged FIR on 10.08.2020 alleging that on 27.07.2020 accused persons have outraged the modesty of victim. There was no allegation of rape in the FIR. Even the victim has not alleged occurrence of rape in her statement recorded under Section 161 Cr.P.C. It is further argued that the victim in her statement recorded under Section 164 Cr.P.C. has added the occurrence of rape which is not supported by any medical evidence. It is contended that prima faice it appears that allegation of occurrence of rape is afterthought. This is a case of false implication. Lastly, it is submitted that applicant has no criminal history, he is languishing in jail since 06.01.2021 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.