AKRAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Hearing of this bail application is concluded through Video Conferencing.

(2.) Applicant-Akram, has approached this Court by way of filing the present Criminal Misc. Bail Application under Sec. 439 Cr.P.C. after rejection of his Bail Application vide order dtd. 15/10/2020, passed by Additional Sessions Judge / Fast Track Court, Bareilly, in Case Crime No.173 of 2019, under Ss. 316, 376D, 506 IPC, Police Station Fatehganj West, District Bareilly.

(3.) The victim, a major lady, herself lodged a FIR against applicant, co-accused, Rizwan and one unknown person under the above referred Ss. of Indian Penal Code on 10/6/2019 alleging that co-accused, Rizwan, made physical relations with her and later on married on 3/10/2018. Thereafter, co-accused, Rizwan made unnatural sex with victim under the influence of smack. Co-accused, Rizwan and the present applicant are indulged in the illicit business of smack. They both pressurized the victim to help them in their illicit business. On 2/6/2019 at about 09.00 PM applicant, co-accused, Rizwan and one unknown person committed rape on applicant after administering drugs. They also had unnatural sex and prepared a video clip of the act.