SAHIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

(2.) Heard Sri Noor Mohammad holding brief of Sri Mohd. Naushad, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(3.) It is submitted by learned counsel for the applicant that the applicant is the brother-in-law of the victim. As per allegations in the F.I.R. it is alleged that demand of dowry has been made by the husband and the family members and thereafter on 29/11/2023 applicant has entered into the room of the victim and misbehaved with the victim and on her objection he torn her clothes. Learned counsel for the applicant submits that in the F.I.R there is no allegation of rape, however, in statement under Sec. 164 Cr.P.C. it has been alleged that on previous two occasions the applicant has raped the victim. Learned counsel for the applicant submits that the allegations are vague in nature and insofar as the demand of dowry is concerned the entire family has been roped without any specific allegation, however, the allegations are with regard to misbehaviour, however, same has been concocted. In the medical it has been stated that opinion with regard to sexual assault cannot be given. The criminal history of the applicant has been explained in paragraph no. 13 of the affidavit. Applicant is languishing in jail since 13/4/2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.