RAJU SONKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Arvind Kumar Rai, learned counsel for the applicant, Sri Satyendra Singh, learned counsel for the informant/complainant, Sri Abhinav Prasad, learned brief holder appearing on behalf of the State and perused the material brought on record.

(2.) The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. As a matter of fact, victim who is major both the applicant and victim being in relationship with each other victim was a consenting party and made sexual relation out of her own sweet will with the applicant, which is apparent from her statement recorded under sec. 161 and 164 Cr.PC. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 23.04.2021, has no other previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

(3.) Learned A.G.A. and learned counsel for the informant/complainant have vehemently opposed the bail prayer of the applicant, but could not dispute the above submissions.