RAJPAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.

(2.) By means of this application, the applicant who is involved in case crime no. 354 of 2020, under Sections 354, 376D, 506 IPC, Police Station-Azeemnagar, District-Rampur is seeking enlargement on bail during the trial. The applicant is languishing in jail since 30.11.2020.

(3.) Submission made by learned counsel for the applicant is that the present FIR was got registered by Smt. Indrawati, who claims herself to be the eye witness of the incident. On 29.11.2020, the FIR was lodged against Rajpal and Vicky for the alleged act of misbehaviour and teasing of the victim. The daughter (victim) who went to terrace to take her mobile, where both the accused persons started teasing and misbehaving with the girl. On raising alarm the informant reached on the spot and after seeing the informant, both the named accused persons fled away from the site. There is consistent stand in the 161 Cr.P.C. statement of teasing and misbehaviour. For the first time in the statement under Section 164 Cr.P.C., there is mark improvement, whereby allegation of sexual assault was levelled against Rajpal without any justification. The medical was conducted after five days of the incident. The internal examination clearly indicates that her hymen was old torn and healed and there is no injuries over her private organ belying the allegation of rape upon her.