KHALID Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Lal Bahadur Khan, the learned counsel for the applicant and Shri Ravish Kumar Mishra, the learned A.G.A. and perused the record. The applicant, Khalid, has moved the present bail application seeking bail in F.I.R. No. 157 of 2021, under Ss. 354, 506, 376 I.P.C., Police Station Hanswar, District Ambedkar Nagar.

(2.) Learned counsel for the applicant submits that the applicant has been roped in, in a false and and fabricated case by the complainant. The complainant alleges in the F.I.R. that she is the sister-in-law (Bhabhi) of the applicant. She got married with Mohammad Hashim, elder brother of the applicant, who died two years back, she is having two sons. Her brother-in-law, Khalid, used to visit her parental house, and on finding her alone he used to commit obscene act with her. When she complained about the same to her father-in-law and other brothers-in-law, then they threatened her for dire consequences.

(3.) Learned counsel for the applicant further submits that the applicant has been falsely implicated in the present case by the victim/ complainant. He is the brother-in-law(Devar) of the complainant. Initially the F.I.R. was lodged under Ss. 354, 506 I.P.C. In her statement recorded under Sec. 161 Cr.P.C., the victim repeated the same version of the F.I.R. and there was no allegation of rape. Thereafter in her statement recorded under Sec. 164 Cr.P.C. the victim developed her case further and the allegation of rape was levelled against the applicant. Her medical examination was conducted. No sample of vaginal smear could be taken as the incident was occurred 17 days prior to the date of examination. No any internal or external injury was found or present on her person at the time of her examination. It was further submitted that there are huge contradictions between the averments made in the F.I.R., in the statement of the victim recorded under Sec. 161 Cr.P.C. and in her statement recorded under Sec. 164 Cr.P.C.