PAPPU YADAV Vs. STATE OF U P

JUDGEMENT

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

(2.) Learned counsel for the applicant submits that in medical report the age of the victim has been shown about 18 years. In fact at the time of the alleged incident the victim was major. In her statement recorded under Section 161 Cr.P.C. the victim has stated that she has gone with applicant to Delhi on her own sweet will where she remained with applicant about two months. It has further been submitted that the victim remained with applicant about 78 days at different places but during this period she has not made any hue and cry to save herself which shows that the victim was a consenting party. In her statement recorded under Section 164 Cr.P.C. the victim has made false allegation of rape against the applicant under the pressure of her family members. The applicant has not committed the alleged offence. False allegation has been made against the applicant. There is no criminal history of the applicant and he is in jail since 22.07.2015.

(3.) Per contra, learned A.G.A. as well as learned counsel for the complainant opposed the prayer for bail and argued that as per school record at the time of the alleged incident the victim was minor. The victim in her statement recorded under Section 164 Cr.P.C. has made allegation of rape against the applicant, therefore, the applicant is not entitled for bail.