SHANI @ SANI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A.

(2.) Perused the record

(3.) Submission of counsel is that according to the medical examination report, the victim girl was found to be about 16 years but actually she was much above that age and was fully grown up major girl at the time of incident. Further submission is that the victim is said to have been enticed away on 8.8.2017 but the application was moved by victim's mother on 18.2017 against the accused persons. Submission is that according to the version given in the FIR itself, the victim was shown by her mother to be of 17 years and it was alleged that she was coaxed, cajoled and enticed away by the applicant and the other co-accused persons. Submission is that according to the prosecution, the victim was kept with the accused for quite a few days. Submission is that the allegation of administering something intoxicating also runs contrary to the allegation made in the FIR by victim's mother about the manner of her going away, according to which, she was coaxed and cajoled by the accused and was not taken away with any coercive measures. Submission is that the allegation that she was turned unconscious by administering something intoxicating and then was taken away in that condition, looks highly improbable as it does not stand the reason as to how she was taken away in an unconscious state to such long distances without being noticed or objected to by the people around. Further submission is that while the victim was examined by the Investigating Officer, she did not make any allegation of committing rape upon her, but later on when she was examined by the Magistrate, she gave an exaggerated version making the allegation of committing rape upon her by the applicant and other co-accused persons. Submission is that this allegation made by the victim before the Magistrate stands sharply contradicted by her previous statement given before the Investigating Officer and very strongly indicates the falsity of the allegation. Submission is that the facts and circumstances indicate that the victim had gone along with the applicant on her own volition wilfully and that the complete omission of any allegation of rape against the applicant at the earlier stage makes out a prima facie case of bail in favour of applicant. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been pointed out that the accused is not having any criminal history and he is in jail since 9.11.2017 and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.