RAM SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ram Prakash Dwivedi, learned counsel for the applicant, Sri Kuldeep Singh Chahar, learned counsel for the first informant/complainant, Sri Sanjay Singh, learned A.G.A.-I, appearing on behalf of the State and perused the material brought on record.

(2.) The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is next submitted that there is no credential evidence against the applicant which may show direct involvement of the applicant in the present case. It is next submitted that applicant did not entice away the victim. As a matter of fact, victim who is major both the applicant and victim being in relationship with each other victim had gone with applicant out of her own sweet will and went to different places by Motorcycle, Bus, and Flight, she lived with the applicant, which is apparent from her statement recorded under sec. 161 and 164 Cr.PC. It is very surprising that victim went with the applicant to different places without any hue and cry, on the way she must have come across many people at different points of time, she was free to make alarm for her safety, but she kept mum. No sexual assault has been ruled out in medical examination of the prosecutrix. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 17/7/2021, has no other previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

(3.) Learned A.G.A. and learned counsel for the first informant/complainant have vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.