ARMAN Vs. STATE OF U.P.

JUDGEMENT

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

(2.) The accused- applicant is involved in Case Crime No. 22 of 2022, under Sec. 376 I.P.C., Police Station Kandhala, District- Shamli.

(3.) It is submitted by the learned counsel for the applicant that the first information report has been lodged on the application of the victim under Sec. 156(3) Cr.P.C. on 15/1/2022 mentioning the incident dtd. 19/12/2021. The victim is a married lady and she has refused for her internal examination. In her statements under Sec. 161 and 164 Cr.P.C. though she has mentioned about a video having prepared by the applicant while she was taking bath but this video has not been produced during the investigation. In her statement under sec. 161 Cr.P.C. there is no allegation of rape while in her statement under sec. 164 Cr.PC. there is allegation of making forcible physical relations by the applicant. As per FIR itself, there was physical alteration between Ismil, Abid, Yamin, Haroon and victim's family members including the husband of the first informant on other side. Regarding this incident dtd. 8/10/2021 an FIR was lodged on 9/10/2021 against the accused persons including applicant under sec. 147, 148, 323, 325, 504 I.P.C., while the accused side also moved an application under sec. 156(3) Cr.P.C. regarding the same incident which has been registered as complaint and in the investigation of this case regarding the incident dtd. 8/10/2021, the I.O. has submitted that he was not informed about making of any video by the applicant Arman or committal of rape on the victim. Further it is alleged by the Investigating Officer that from the spot hardly any video-graphy can be done of a person taking bath inside the bathroom. It is admitted fact that till date no video regarding taking bath by the victim, has been brought forward. In fact regarding the incident dtd. 8/10/2021 FIR was originally lodged under sec. 354-A I.P.C. The present case has been lodged as a counter blast of the complaint case filed by the accused side. The applicant is in jail from 19/5/2022, hence, the prayer for bail is made.