CHAMAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant, learned counsel for the complainant, learned A.G.A. and perused the record.

(2.) It is second bail application made on behalf of accused applicant, whose first bail application has been rejected on merit, vide order dated 31.1.2012.

(3.) It is contended by learned counsel for the applicant that according to the prosecution case, the present accused applicant had earlier lodged an FIR against Keshav Kohli and some other miscreants regarding the same incident with the allegation that Keshav and other accused had fired at the prosecutrix which hit in her shoulder and also committed rape upon her. However, on the same day, another FIR was lodged by the prosecutrix herself making accusation against the present accused applicant and three others that they had committed rape upon her. It was also averred therein that present accused applicant has illicit relations with her for about 6 to 7 months. During the course of investigation, her statement was recorded u/s 164 Cr.P.C. wherein she supported the prosecution version as embedded in the FIR. After completing the investigation, I.O. submitted the chargesheet. During the course of trial, prosecution examined her and she has been declared hostile during the cross-examination made by learned counsel for the applicant wherein she has stated that she has made accusation of rape and causing injury against the accused applicant under the pressure of her parents and gave clean chit to the accused applicant.