ANKIT KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant, Sri Bharat Singh, learned counsel for the informant, the learned A.G.A. for the State and perused the record.

(2.) THE present bail application has been filed by the applicant in case crime No. 83 of 2013, under Sections 363/366/376 I.P.C. and Section 3(2)(V) SC/ST Act, police station Udhaiti, District -Budaun with the prayer to enlarge him on bail.

(3.) THE submission of the learned counsel for the applicant is that the father of the victim lodged first information report on 20.05.2013 alleging that his daughter, namely, Suman, aged about 16 years, had gone to a relative's house on 12.05.2013 but since then she is not traceable and, on 18.5.2013, when the informant returned from Punjab he called the victim on her mobile which was responded by the victim stating that she was in custody of one Sunny and two others. It has been submitted that neither in the first information report nor in the statement of victim recorded under Section 161 Cr.P.C. the name of the applicant, who is real brother of co -accused Sunny, finds mention. It has next been submitted that as per medical examination report of the victim, no mark of injury was found on her body; and her age was found to be 19 years. It has been submitted that the doctor could give no definite opinion about rape on the victim. It has been submitted that later, in her statement under Section 164 Cr.P.C., allegation has been made not only against Sunny but the applicant as well. It has been submitted that the applicant is innocent and is in jail since 27.12.2014 and, in case he is enlarged on bail, he will not misuse the liberty of bail.