RAHUL NAI Vs. STATE OF U P

JUDGEMENT

(1.) This bail application has been moved on behalf of the applicant Rahul Nai who is involved in case crime No.77 of 2012 under sections 363, 504, 506, 376 IPC, P.S. Thariyaon, District Fatehpur.

(2.) Heard learned counsel for the parties and perused the records.

(3.) It has been submitted from the side of the applicant that the applicant is in jail since 10.9.2012. It has further been submitted that he has not been named in the FIR. It has also been submitted that no role has been assigned to him by any of the witnesses in the statements recorded by the investigating officer under section 161 Cr.P.C. It has further been submitted that his name finds place in the statement recorded under section 164 Cr.P.C. when the prosecutrix was examined by the Magistrate. It has been vehemently contended from the side of the applicant that from perusal of the case diary it will be clear that at every stage the witnesses have changed their statements and that the statement of the prosecutrix can not be believed. It has also been submitted that the prosecutirx has married one Chhotu and she sent a letter to the Superintendent of Police, Fatehpur in which she has stated that she has married Chhotu and wants to live with him. It has further been submitted that such letter is available on page 38 of the paper book and it is also part of the case diary.